Daubert Shorts

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  1. 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.  The judge denied the motion to exclude.
  2. Lion Oil Company v. National Union Fire Insurance Company of Pittsburgh, PA et al – United States District Court – District Court of Arkansas – October 20th, 2015 – The defendants in this case seek to exclude the testimony of: Kevin O’Toole (forensic accounting expert witness), William Byrd (pipelines expert witness), and  Dr. Ashok Saxena (mechanical engineering expert witness).  The court denied the motion to exclude the testimony of Kevin O’Toole, denied Mr. Byrd from using the undisclosed parts of this testimony, and denied as moot the testimony of Dr, Saxena.
  3. Cave et al v. Saxon Mortgage Services Inc, et al – United States District Court – District of Pennsylvania – October 20th, 2015 – This is a contract case related to mortgages and consumer lending.  The plaintiffs seek to exclude the expert witness testimony of Marsha J. Courchane, Ph.D, a mortgages expert witness stating that she improperly offered a legal opinion.  The court granted the motion in part and denied the motion in part.
  4. DIANE LAUCKHARDT, ETC. VS. JANOS JEGES, M.D., ET AL. – Superior Court of New Jersey Appellate Division – October 20, 2015 – In this medical malpractice case, the defendant’s challenged plaintiffs emergency medicine expert witness, James Bagnell, M.D.  The lower court excluded this expert witness testimony and the plaintiff appealed.  The appellate court reversed and demanded a new trial.
  5. Miller v. Miller – Court of Appeals of North Carolina – October 20th, 2015 – In this divorce case related to the equitable distribution, the defendant argues that the trial court erred when it excluded a report provided by of Graham D. Rogers, a business evaluation expert witness.  The court affirmed the lower court opinion.