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

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  1. Fick v. Exxon Mobil Corporation – United States District Court – Eastern District of Louisiana – February 1st, 2016 – This is a personal injury case involving a shrimp boat hitting a pipe to a well.  The defendant hired Dennis K. Manuel as an oil & gas expert witness to assist in their case and the Plaintiff challenged his testimony on numerous grounds including qualifications and reliability.  The judge agreed with the Plaintiff and granted the motion to exclude the testimony of Mr. Manuel.
  2. Howard v. Offshore Liftboats, LLC et al – United States District Court – Eastern District of Louisiana – February 1st, 2016 – This case involves a maritime personal injury. The Plaintiff hired Jack Madeley as a cranes expert witness.  The Defense filed a motion to exclude his testimony stating that he is not qualified.  The court agreed and granted the motion to exclude Madeley’s testimony.
  3. Alarid v. Biomet, Inc et al – United States District Court – District of Colorado – February 1st, 2016 – In this products liability case, the Plaintiffs allege design and manufacturing defects in a prosthetic device called the Comprehensive Reverse Shoulder.  The defendants have filed a motion to limit the testimony of Dr. David Schneider, an orthopedic surgery expert witnesses, stating that he is not qualified to opine on matters that go beyond the expertise of orthopedic surgery.  The court granted the motion.
  4. Quarterman et al v. Fort Sumter Tours Inc et al – United States District Court – District of South Carolina – February 1st, 2016 – This case involves a personal injury, which occurred when the Plaintiff was on board a ship owned by the Defendant.  Allegedly, a liquor cabinet fell on the Plaintiff. In order to assist in proving his case, the Plaintiff hired Mr. John Smith as an admiralty & maritime expert witnesses.  The Defendant filed a motion to exclude, based on qualification and reliability grounds.  The court denied the motion to exclude.