Articles Posted in Daubert

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Summary: Jails & Prisons Expert Witness testimony allowed as the plaintiff did not cite to caselaw regarding his argument that the expert works for the defendant and his opinion should be excluded.

Facts:  This case (Romero v. CORE CIVIC, INC – United States District Court – District of New Mexico – September 28, 2023) involves a breach of duty and constitutional rights against a prisoner in a private detention center.  The plaintiff, Ruben Romero, claims that the defendants placed him a unit with violent men, who beat him and left him unconscious.  The plaintiff also alleges that nobody came to his aid for half an hour. The defendant hired Jails & Prisons Expert Witness Charles Keeton to provide expert witness testimony.  The plaintiff filed a motion to exclude Mr. Keeton’s testimony.

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Summary: Marketing Expert Witness testimony allowed even though the plaintiff argued that the expert did not employ any methodology to his marketing opinion.

Facts: This case (United States v. Runner – United States District Court – Eastern District of New York – May 30, 2023) involves a government claim against the defendant related to a mail order psychic services scheme. The defendant was charged on October 18, 2018 with conspiracy to commit mail and wire fraud as well as conspiracy to commit money laundering.  The Government claims that Patrice Runner told her clients that they would receive personalized psychic services from popular psychics in exchange for money.  The defendant hired Marketing Expert Witness David Gal to provide expert testimony. The Government filed a motion to exclude this expert from testifying.

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Summary: Life Care Planning Expert Witness testimony not allowed because the expert did not have a medical endorsement from a qualified medical expert.

Facts:  This case (Norman v. Leonard’s Express, Inc. – United States District Court – Western District of Virginia – April 21, 2023) involves a motor vehicle accident between Yvette Norman (the plaintiff) and Julian J. Kaczor, the operator of a semitruck owned by Leonard’s Express, Inc (the defendant).  The plaintiff filed a motion to exclude the expert witness testimony of Life Care Planning Expert Witness Shelby Dubato.

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Summary: Orthopedic Surgery Expert Witness testimony is allowed because the court ruled that his expert opinion was not speculative because his testimony mirrored that of the state standard in Texas.

Facts:  This case (Connell West Trucking Co., Inc. et al v. Estes Express Lines et al – United States District Court – Western District of Texas – November 22, 2022) involves a personal injury claim.  One of the plaintiffs, Gucharan Singh, is seeking damages for future medical expenses for the injuries to his knee.  The plaintiff hired Orthopedic Surgery Expert Witness Dr. Robert Montgomery to provide expert testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary:  Internal Medicine Expert Witness testimony allowed even though the plaintiff argued that the expert did not act within the standard of care when she did not contact an on-call physician.

Facts:  This case (Griffin v. Coffee County et al – United States District Court – Southern District of Georgia – August 19, 2022) involves a wrongful death action involving a prisoner who died while in custody.  The plaintiff alleges that the defendants violated the decedent’s (Shannon Rewis) standard of care because they left him in an observation cell when they found out that Mr. Lewis had ingested methamphetamine, rather than providing treatment or sending him somewhere else to receive care.  The defendants have hired Internal Medicine Expert Witness Dr. Robert Hall to provide an expert opinion on this case.  The plaintiff filed a motion to exclude this expert from testifying.

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Summary:  Cybersecurity Expert Witness testimony allowed in part as the court decided that the expert’s testimony was reliable based on his experience in cypersecurity forensics.

Facts:  This case (Savidge et al v. Pharm-Save, Inc. et al – United States District Court – Western District of Kentucky – March 31, 2023) involves a data breach claim.  The plaintiffs Andrea Savidge and Beth Lynch, former employees of the defendant, claim that Pharm-Save should be held liable for a data-breach in which sensitive and personal information was compromised.  The complaint maintains that a few Pharma-Save employees released this information to cyber-criminals who posed as company executives.  To assist their case, the plaintiffs hired Cybersecurity Expert Witness Vincent D’Agostino to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary: Vocational Evaluation & Rehabilitation Expert Witness testimony allowed because the expert’s use of the term “non-severe disability” is founded on a valid methodology.

Facts:  This case (TELMANOSKI et al v. BONEFISH GRILL, LLC et al – United States District Court – District of New Jersey – November 29, 2022)  involves a personal injury claim.  The plaintiffs, Robert Telmanoski and Donna Brandz, allege that Telmanoski was delivering food to a Bonefish Grill in New Jersey and slipped on a piece of paper while inside the restaurant and suffered numerous injuries.  In order to prove his case, Telmanoski hired Vocational Evaluation & Rehabilitation Expert Witness Dr. Joseph T. Crouse to provide expert witness testimony.  The defendant filed a motion to exclude this expert witness testimony.

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Summary: Biomechanics Expert Witness testimony allowed in part even though the defense argued that his biomechanical engineering background does not qualify him to testify in this injuries case.

Facts:  This case (Haines v. Get Air Tucson Incorporated et al – United Stated District Court – District of Arizona – July 5th, 2019) involves an accident at a trampoline park owned by the defendant.  The plaintiff alleges that his injuries are a caused by a defective employee handbook created by the defendant.  The plaintiff has hired Richard Hinrichs, Ph.D. (Biomechanics Expert Witness) to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary: Child Psychiatry Expert Witness expert witness testimony allowed in part even though the expert argued that the plaintiff will suffer future psychological pain due to the incident at her school.

Facts:  This case (McCoy v. Isidore Newman School et al – United States District Court – Eastern District of Louisiana – September 28, 2022) involves a claim by a former student against her alma mater.  The plaintiff, Mary Claire L. McCoy, alleges that she was sexually assaulted at her school by another student and that the school should be held liable for the incident.  To support her claims, the plaintiff hired Child Psychiatry Expert Witness Dr. Eileen Ryan.  The defendant has filed a motion to exclude this expert from testifying.
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Overview: Infectious Disease Expert Witness testimony not allowed because of statements made out he knew that the HIV rapid test was approved in Canada and the European Union.

Facts:  This case (Waters v. Celebrity Cruises, Inc. – United States District Court – Southern District of Florida – January 29th, 2024) involves a claim of medical negligence by the plaintiff, who was a passenger on a cruise ship operated by the defendant.  The plaintiff alleges that the defendant was negligent when it breached its standard of care when the plaintiff was infected with HIV (human immunodeficiency virus) when she was given a blood transfusion aboard the ship.  The defendant hired Infectious Disease Expert Witness Jeffrey Klausner, MD to provide expert witness testimony.  The plaintiff filed a motion to exclude this expert witness from providing testimony.

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