Expert Witness BlogPlaintiff’s expert was to opine on the social framework of stereotyping, but was disallowed by judge based on general observations and unfounded speculation.
Articles Posted in Expert Witness Testimony
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- Rish v. Simao – Nevada Supreme Court – March 17th, 2016 – This case involves a “low-impact” accident between two automobiles. After the accident, Simao brought suit against Rish for damages to cover the cost of injuries. At the district court level, Simao filed a motion to exclude any testimony by anyone (including Dr. David Fish, Rish’s orthopedic expert witness) stating that the crash was “low-impact”, citing a previous case in the Nevada Supreme Court (Hallmark v. Eldridge). The district court agreed with Simeo and, subsequently, opined in his favor. Rish appealed the case to the Supreme Court, which disagreed with the lower court, reversed the decision, and remanded the case for a new trial.
- Gibson v. Smithkline Beecham Corp. – United States District Court – Southern District of Mississippi – March 17th, 2016 – This is a personal injury case involving the drug Paxil. The plaintiff claims that the defendant promoted the use of the drug for women who were pregnant and hired Dr. Aaron M. Wolfson as a vocational evaluation & rehabilitation expert witness to help prove her case. The defendant sought to exclude the testimony, stating that it was incomplete, speculative, and based on insufficient evidence. In addition, the plaintiff argued that the testimony would not assist the trier of fact. The court granted the motion to exclude the testimony.
- Gross v. Balt. Aircoil Co – United States District Court – Southern District of Mississippi – March 17th, 2016 – This is a personal injury case in which a couple allegedly contracted Legionnaire’s disease while staying at a hotel. They argue that this was caused by a defective water-cooling tower at the hotel and filed sued against numerous companies related to the tower. In order to prove their case, they hired Robert Cunningham, a water/sewage treatment engineering expert witness. The defendants moved to exclude a portion of Cunningham’s testimony, specifically his opinion that a representative of NCH Corporation (which provided water treatment services to the tower at the hotel) acted reasonably when he recommended one water treatment chemical for the tower. The court denied the motion to exclude.
Psychologist Expert Witness Testimony Excluded, Nebraska Supreme Court Affirms
Appellant appeals an order convicting him of first degree murder stating that, among other issues, the district court erred when it excluded his expert witness. The Nebraska Supreme Court affirmed the district court opinion.
Admissibility of One Expert Testimony in Coal Ash Waste Litigation Partially Allowed; Other Testimony is Allowed
Plaintiffs sued for unlawful dumping of toxic industrial waste in the Dominican Republic. 19 combined Daubert motions have been filed by the parties. Two of them have been decided recently.
Mechanical Engineer Expert Witness Testimony Partially Allowed
Plaintiff sued manufacturer of trash conveyor for numerous allegations, including design defect, after being injured while utilizing the machine on the job. The Plaintiff hired Roelof H. deVries to provide expert witness testimony on her behalf. Defendant filed a motion to exclude this testimony. The court granted the motion in part and denied it in part.
Michigan Supreme Court Overturns Appeals Court Expert Testimony Ruling in Medical Malpractice Case
Plaintiff sued her doctor after her common bile duct was clipped during surgery to remove her gall bladder. The Circuit Court excluded the testimony of her expert witness and the appeals court overturned the ruling. Now, the Supreme Court reversed the judgment of the appeals court and reinstated the opinion of the Circuit Court.
Pain Management Expert Witness Testimony Partially Allowed
Prisoner in correctional facility sued officers and nurse for injuries sustained after a gunshot wound. The Plaintiff hired a pain management doctor to supply expert witness testimony. The court allowed most of this testimony.
Numerous Expert Witnesses Challenged in Negligence Case Involving Airplane Crash – Part 2 of 2
Plaintiffs sued the manufacturer of the airplane they were on when it crashed. Both parties called numerous experts to assist in proving their case. The court denied most of the motions, but granted some in part.
Numerous Expert Witnesses Challenged in Negligence Case Involving Airplane Crash – Part 1 of 2
This is part one of a two-part post on a lengthy and detailed opinion.
Plaintiffs sued the manufacturer of the airplane they were on when it crashed. Both parties called numerous experts to assist in proving their case. The court denied most of the motions, but granted some in part.
Computer Technology Witness Not Allowed, Security Expert Allowed in Retail Privacy Case
A female sued a retail clothing store for negligence following an episode at the store. The plaintiff (Jane Doe) hired two experts to assist in her case, both of which were challenged by the defendant. The court granted the motion for her technology expert and denied the motion regarding her security expert.