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

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  1. Barclay v. State Farm Lloyds – United States District Court – Southern District of Texas – January 14th, 2016 – This lawsuit involves an insurance claim for foundation damage to a house.  Plaintiffs washing machine malfunctioned, causing water to leak into the garage causing the damage.  In order to assist to prove her case, the Plaintiff hired Gerard J. Duhon (structural engineering expert witnesses).  The Defendant filed a motion to exclude his testimony, but the court disagreed, denying the motion.
  2. Alarid v. Biomet, Inc et al – United States District Court – District of Colorado – February 4th, 2016 – In this products liability lawsuit involving a Comprehensive Reverse Shoulder, the defendants have hired Dr. Edward Seade (orthopedic surgery expert witnesses) to provide expert witness testimony on his behalf.  The Plaintiffs filed a motion to exclude the testimony, but the court denied the motion.
  3. Medlock v. Taco Bell Corp., et al. – United States District Court – Eastern District of California – January 4th, 2016 – This is a class action case which the Plaintiff’s allege numerous employment-related claims against the Defendant.   The Plaintiffs seek to exclude the testimony of the Defendant’s expert witnesses, Robert Crandall (public opinion & survey research expert witness) and Jonathan Walker (economics expert witnesses).   The court denied both motions to exclude.