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…
Expert Witness Blog
School Security Expert Testimony Deemed Unpersuasive
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…
Daubert Shorts
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.…
Arizona Appeals Court Confirms Allowable Testimony of Child Sexual Abuse Expert
Plaintiff was charged with 7 counts of sexual conduct with a minor. He appealed the conviction on numerous grounds, one being the admittance of child sexual abuse expert testimony. The court confirmed the opinion of the trial court. Facts: In this case (State of Arizona v. Richard Portugal Ortiz –…
Maryland Appeals Court Overturns Part of Circuit Court’s Exclusion of Lead Paint Exposure Expert
A pediatrician testified as to the medical causation of lead-paint exposure. After a circuit court excluded this testimony, the plaintiff’s appealed. The appeals court reversed this decision. Facts: This negligence case (Jakeem Roy v. Sandra B. Dackman, et al – Maryland Court of Appeals – October 16th, 2015) involves lead…
Daubert Shorts
Century Indemnity Company v. The Marine Group, LLC et al – United States District Court – District of Oregon – October 13th, 2015 – In this environmental cleanup case, the testimony of insurance expert witnesses Robert Hughes and Dennis Connolly were challenged on grounds of inadmissible legal conclusions and qualifications. The…
Explosion Expert Testimony in Products Liability Case is Allowed
After a residence fire, the insurer filed suit against the manufacturer of a space heater. The defendant filed a motion to exclude the testimony of plaintiff’s explosions expert. The court denied the motion. Facts: This case (Erie Insurance Company v. Sunbeam Products, Inc – United States District Court – Southern…
Daubert Shorts
Here are some recent challenges to expert witness testimony in federal and state courts: Danielides v. Northrop Grumman Corporation (Illinois Northern District Court – October 8th, 2015) – Expert Ronald Flom, a retired U.S. Army Colonel, was excluded from testifying as a government procurement expert. Mcdaniel v. Kidde Residential &…
Expert in Pest Control Testifies in Hot Tub Products Liability Case
Four experts testified in a products liability case involving a hot tub. One, an expert in pest management, opined about rodents chewing on electrical wires, which may have caused the fire. This case (Merrimack Mutual Fire Ins Co v. Watkins Manufacturing Company et al – Connecticut District Court – May…
Testimony of Expert Witness Upheld in Child Sexual Abuse Case
Defendant was convicted of first degree sexual abuse and subsequently appealed his conviction on two grounds, one on the court’s exclusion of his expert witness. The court confirmed the lower court opinion. Facts: This case (State of Oregon v. Juidd W. Miles – Court of Appeals of Oregon – August…