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

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  1. Brooks, et al. v. Ripley, Union, Lewis, Huntington School District, et al. – United States District Court – Southern District of Ohio – November 10th, 2015 – In this alleged racial discrimination case at a school, the defendants’ filed a motion to exclude the expert witness testimony of Dr. Edward Dragan, an education & schools expert witness based on unreliability and relevancy.  The court denied the motion to exclude on all counts except that Dr. Dragan could not opine that the defendants were “deliberately indifferent” or “severely indifferent” to plaintiff’s racial harassment.
  2. Roberts v. General Motors LLC – United States District Court – Eastern District of Missouri – November 10th, 2015 – This is a motor vehicle design defect case.  Both parties have hired expert witnesses and both have filed motions to exclude the testimony of those witnesses.  The defendant, General Motors, has filed a motion to exclude the testimony of Larry Sicher (mechanical engineering expert witness) and Joseph Burton, M.D (biomechanics expert witness).  The plaintiff has filed a motion to exclude the testimony of Jeya Padmanaban (statistics expert witness).  The court denied the motion to exclude the expert witness testimony of Mr. Sicher and Dr. Burton and granted the motion to exclude the expert witness testimony of Ms. Padmanaban.
  3. Alsip v. Wal-Mart Stores East, LP et al – United Sates District Court – Southern District of Alabama – November 12th, 2015 – This case involves a slip & fall out side of a Walmart.  The plaintiff hired Russell Kendzior (slip, trip & fall expert witness) to opine on the traction of the surface.  The defendant filed a motion to exclude this testimony based on reliability and relevancy. The court granted the motion to exclude.
  4. Hillerich & Bradsby Co. v. Charles Prods., Inc. – United States District Court – Western District of Kentucky – November 13th, 2015 – This is a contract case involving imported gift products into the United States.  The plaintiff filed a motion to exclude the testimony of Quin D. Dodd, a consumer products expert witness, on the grounds of qualifications and reliability.  The court denied the motion to exclude.