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

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  1. Palacino et al v. Beech Mountain Resort, Inc. – United States District Court – Western District of North Carolina – December 11th, 2015 – This is a negligence and loss of consortium case involving falling ice.  The plaintiff claims that a ski resort was at fault for not preventing the incident.  Both parties have filed motions to exclude the expert witness testimony of the other.  The defendant seeks to exclude the testimony of Alan Campbell (engineering expert witness) and Scott Conklin (architecture expert witness). The plaintiffs move to exclude the testimony of Kenneth Crump (professional engineering expert witness) and Paul Baugher (risk management expert witness).  The court denied the motion to exclude the testimony of Alan Campbell, Scott Conklin, and Paul Baugher and granted the motion to exclude the testimony of Kenneth Crump.
  2. Emerson Electric Co. v. Suzhou Cleva Electric Applicance Co., Ltd. et al – United States District Court – Eastern District of Missouri – December 15th, 2015 – In this patent infringement case involving wet/dry vacuum cleaners, the testimony of two expert witnesses are challenged.  The defendant’s have challenged the expert witness testimony of  Ms. Donna Beck Smith (business valuation expert witness) and the plaintiff has filed a motion to exclude the testimony of Mark Gallagher (business valuation expert witness).  Both motions were granted in part and denied in part.
  3. Pallano, et al. v. AES Corp., et al. – Delaware Superior Court – New Castle County – December 11th, 2015 – In this environmental liability case, the plaintiff’s filed a motion to exclude the expert witness testimony of Samuel Moore, M.D (Gastroenterology expert witnesses) with regard to the causes of Hirschsprungs disease.  The court denied the motion to exclude Dr. Moore’s testimony.