Valdes v. Miami-Dade County et al – United States District Court – District of Southern Florida – November 6th, 2015 – This case involves an alleged violation of civil rights. The plaintiff sought to exclude the expert witness testimony of Dr. Jason Buchwald, a forensic & laboratory testing expert witness, based…
Both plaintiffs and defendants hired expert witnesses in this proposed class action. In one piece of the case, the defendants filed a motion to exclude the testimony of an expert in marketing. The court denied the motion. Facts: This consumer class action litigation (Suchanek et al v. Sturm Foods, Inc.…
A summary of recent Daubert opinions. Ponce v. Mountaineers – Court of Appeals of Washington – Division One – November 2, 2015 – This case involves a sledding accident. The plaintiffs appeal a lower court opinion which allowed the defendant’s sports and recreation expert witness, Chris Stoddard. They claim that…
Numerous defendants were indicted on various charges, including racketeering conspiracy. The Government alleges that the defendants were associated with a street gang and hired to experts to help prove their case. Facts: This case (United States of America v. Brandon Orr, et. al – United States District Court – Middle…
Sargent v. Commonwealth – United States District Court – Middle District of Pennsylvania – October 26th, 2015 – This case involves an alleged use of excessive force by an arresting policeman. The plaintiff hired R. Paul McCauley, a deadly/excessive force expert witnesses. The defendant challenged Dr. McCauley should not be allowed to…
Prisoner with kidney stones sued a nurse who refused to see him, after complaining of severe pain. The defense hired an expert in urology and the plaintiff challenged certain portions of this testimony. Facts: In this case (Homaidan Al-Turki v. Mary Susan Robinson, RN – United States District Court – District…
Plaintiffs filed suit against bank arguing that the bank illegally foreclosed on their home. Defendants challenged their expert witness on mortgage servicing and the court granted the motion. Facts: This case (Wivell et al v. Wells Fargo Bank, N.A. et al – United Stated District Court – Western District of…
Terrebonne Parish NAACP et al v. Jindal et al – United States District Court – Middle District of Louisiana – October 18th, 2015 – This case involves at-large voting in a judicial district in Louisiana, possibly violating the Voting Rights Act of 1965. The defendants hired three experts to assist in…
Appellant was injured at her son’s school after falling from a fence surrounding a baseball complex. She sued the school for negligence and lost. She subsequently filed an appeal. Facts: This case (Gutchewsky v. Westside Community Schools – Nebraska Court of Appeals – March 17th, 2015) involves a negligence charge…
Dillon v. Auto-Owners Insurance Company – United States District Court – District of Colorado – October 21st, 2015 – In this case involving an automobile accident, the plaintiff filed suit against defendant’s insurance company. The defendant seeks to exclude the testimony of Neuropsychology expert witness Janet Lemon, Phd on causation grounds.…