Articles Posted in Daubert

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Summary: Mechanical Engineering Expert Witness not allowed to testify in step stool product liability claim even though the judge ruled that he is qualified to provide testimony.

Facts:  This case (Brosius v. The Home Depot Inc. et al – United States District Court – Middle District of Florida – February 7th, 2022) involves a product liability claim.  Plaintiff Beverly Brosius claims that she suffered injuries while using a HBPRO3-15 step stool branded as a Gorilla Ladders Step Stool.  Brosius says that she fell from the step stool while replacing a “shade sail”, which covers her back patio, dislocating her left knee and fracturing her left tibia plateau. In order to prove her case, Brosius hired Mechanical Engineering Expert Witness John S. Morse, Ph.D., P.E. to provide expert testimony on her behalf.  Defendant Home Depot has filed a motion to exclude Dr. Morse from providing testimony.

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Summary: Radiology Expert Witness testimony allowed even though the defendant argued that there is no certification for forensic radiology.

Facts:  This case (United States v. Mariscal-Lopez – United States District Court – District of New Mexico – December 21, 2022) involves a claim by the United States Government against the plaintiff related to a two count indictment for conspiracy to commit kidnapping and kidnapping resulting in death.  The plaintiff hired Radiology Expert Witness Dr. Gary Mlady to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary:  Genetics Expert Witness allowed to testify despite the Defendant’s claim that her testimony on informed consent would not assist the trier of fact.

Facts:  This case (Kanuszewski v. Shah – United States District Court – Eastern District of Michigan – February 3rd, 2022) involves a 1983 claim regarding Michigan’s Newborn Screening Program.  The plaintiffs allege that the defendants violated their Fourteenth Amendment Rights by taking blood from their babies and using the blood without their consent. In order to prove their case, the plaintiff’s have hired Genetics Expert Witness Professor Sonia Suter to provide expert witness testimony.  The defendant’s have filed a motion to exclude this expert from testifying.

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Summary: Lithium Ion Battery Fires Expert Witness testimony allowed in part because the defendant argued correctly that a duplicate product was not used for testing.

Facts:  This case (Philadelphia Indemnity Insurance Company v. Hewlett-Packard Company United States District Court – Western District of Washington – September 5 2023) involves a fire that caused damage to an apartment complex in Everett Washington.  The plaintiff insurance company sued defendant Hewlett-Packard claiming that the fire was caused by an internal failure of a lithium-ion battery in a laptop that was in the apartment.  The plaintiff hired Lithium Ion Battery Fires Expert Witness Michael Eskra to provide testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary: Banking Expert Witness testimony allowed as the court concluded that, because the expert is experienced, he does not need to identify the source of specific industry standards

Facts:  This case (Noble Bottling, LLC et al v. Hull & Chandler, P.A. et al – United States District Court – Western District of North Carolina – January 4, 2023) involves a claim of a stolen deposit placed in a bank.  The plaintiffs allege that, as part of a lending agreement, they were required to deposit 2.765 million dollars into a restricted Bank of America account as security.  The loan was never made and the deposit was stolen by Reinhart Holdings LLC.  The lawsuit claims that the defendants verified to the plaintiffs the authenticity and security of the restricted bank account.  To assist with their case, the plaintiffs hired Banking Expert Witness Andrew Manley to provide expert witness testimony.  The defendants filed a motion to exclude this expert from testifying.

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Summary: Automobile Mechanical & Body Repair Expert Witness testimony is granted in part and denied in part even though the court opined that he was qualified to provide expert witness testimony in an automobile products liability case.

Facts:  This case (Grover et al v. BMW of North America, LLC et al – United States District Court – Northern District of Ohio – January 24th, 2022) involves a products liability claim against BMW.  The plaintiffs state that their vehicles, all equipped with a N63 turbocharged engines, consumed an absorbent amount of engine oil.  BMW claims that the excessive burning of oil was normal.  The plaintiffs hired Automobile Mechanical & Body Repair Expert Witness Darren Manzari to provide expert testimony.  The defendant has filed a motion to exclude Manzari from giving expert testimony.

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Summary: Railroad Expert Witness testimony not allowed in personal injury case as the defense argued that he was not qualified to offer testimony in this case.

Facts: This case (Wilks v. BNSF Railway Company – United States District Court – Eastern District of Oklahoma – August 27, 2020) involves an injury suffered by the plaintiff while replacing a broken knuckle on a locomotive. The plaintiff hired Railroad Expert Witness David Anthony Rangel to provide testimony on his behalf.  The defendant has filed a motion to exclude the expert witness testimony of Mr. Rangel.

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Summary: Mathematical Sciences Expert Witness testimony allowed even though the defendants argued that the expert’s report lacks meaningful independent analysis and that his analysis is just an application of another expert in this case.

Facts:  This case (Ploss v. Kraft Foods Group, Inc. et al – United States States District Court – Northern District of Illinois – October 28, 2022)  involves a claims under the Commodity Exchange Act and the Sherman Anti-Trust Act.  The plaintiff, Harry Ploss, alleges that the defendants, Kraft Food Group and Mondelez Global, had a large position of wheat futures, attempting to have an influence on prices.  In addition, the plaintiff also alleges that that Kraft engaged in market manipulation as they engaged in wash trades and reported it to the public as legitimate transactions.  Ploss hired Mathematical Sciences Expert Witness Charles Robinson to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary: Accident Reconstruction Expert Witness testimony not decided as the court opined that there were compelling arguments on both sides.

Facts:  This case (Bailon v. Landstar Ranger Inc – United States District Court – Northern District of Texas – September 27th, 2019) involves a car accident.  The plaintiff alleges that the driver other the other car, acting in within the court and scope of the defendant, his employer, collided with her vehicle.  The plaintiff alleges that she suffered severe injuries, and seeks compensation for those injuries.  The defendant intends to call Officer Christopher Cortemelia as an Accident Reconstruction Expert Witness.  The plaintiff has filed a motion to exclude this expert from testifying.

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Overview: Correctional Healthcare Expert Witness allowed to testify in part as the court stated that his expert witness testimony on the life expectancy of the deceased is not reliable.

Facts: This case (Paugh et al v. Ashley Valley Medical Center et al – United States District Court – District of Utah – August 8th, 2023) involves a claim by a prisoner that the defendants violated his constitutional rights because they failed to adequately provide medical care for his serious medical condition. The defendants hired Correctional Healthcare Expert Witness Dr. Kennon Tubbs to provide expert witness testimony on their behalf.  The plaintiffs filed a motion to exclude this expert from testifying.

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