Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony

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  1. Martinez-Morales v. Martens – Supreme Court of Alaska – February 19th, 2016 – This case involves an accident in a parking lot where a car struck a pedestrian.  Rhonda Martens was found not negligent by a jury in the lower court.  Martinez-Morales appeals the opinion on numerous issues, one being that the lower court erroneously allowed Marten’s accident reconstruction expert witness, Bob Butcher, to provide testimony.  The Supreme Court affirmed the lower court opinion.
  2. Dial Corp. v. News Corp – United States District Court – Southern District of New York – February 16th, 2016 – In this antitrust litigation involving third-party in-store promotions, the Plaintiffs’ filed a motion In Limine to exclude the testimony of Defendants’ economic expert witness, Dr. Dennis W. Carlton.  The court denied the motion.
  3. Kintzel v. Kleeman – United States District Court – Middle District of Pennsylvania – February 19th, 2016 – This case involves a civil rights complaint against a police officer.  The Plaintiff hired Captain William Williams of the Pennsylvania State Police as a Wireless Technology Expert, specifically the evaluation of the GPS used by the State Police.  The Defendant challenged this testimony on qualification grounds.  The court granted the motion.
  4. SEC v. Ferrone – United States District Court – Northern District of Illinois – February 22nd, 2016 – This case is a securities action brought by the United States against Stephen D. Ferrone related to disclosures of actions by the FDA that should have allegedly been made.  In order to assist in their case, the Government hired Dr. Peter Rheinstein as a marketing expert expert, specifically in drug development.  Ferrone filed a motion to exclude this testimony.  The court granted in part and denied in part the motion.