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

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  1. Mm Steel, LP v. JSW Steel (USA), Inc – United States Court of Appeals For The Fifth Circuit – November 25th, 2015 – This is an appeal of a district court opinion related to the Sherman Act and the steel industry.  The plaintiff’s claim that the steel distributors formed an illegal conspiracy to deprive them of steel.  The defendants appealed a jury trial order of $150 million dollars in damages.  Part of the appeal involved the Daubert motion by the defendants to exclude the economics expert witness, Stephen P Magee, hired by the plaintiffs.  The appeals court denied this part of the appeal.
  2. Nettleson et al v. Ford Motor Company – United States District Court – Northern District of California – November 25th, 2015 – This case involves an alleged design defect in the backlight on the rear liftgate of certain automobiles.  The defect would cause an “ejection portal” through which people and objects might fly.  Each party called numerous experts, which were subsequently challenged.  The plaintiff’s hired the following experts: Henry Chamberlain (a glass expert witness), Don Phillips (Accident Reconstruction & Safety Expert Witness), Carl Locke, Ph.D (Metallurgy Expert Witnesses), and Richard Hixenbaugh (Automobile Appraisal Expert Witness).  The defendant called Diane Wood, Ph.D (Behavioral Science Expert Witness).  The court granted the motion to exclude the testimony of all of these experts and granted summary judgment in favor of the defendant.
  3. John Lee Taylor vs Seketa Culver – Court of Appeal of Florida – First District – December 1st, 2015 – In this personal injury action arising out of a automobile collision, the appellant maintains that the lower court improperly excluded her biomechanics expert witness.  The appeals court agreed and reversed the opinion.
  4. Reil v. Ruby Tuesday Inc – United States District Court – District of New Jersey – December 2nd, 2015 – In this negligence action involving a booth at a restaurant, the defendant has filed a motion to exclude the testimony of  J ohn S.
    Posusney, a structural engineering expert witness.  The court denied the motion.