Plaintiff filed action against defendants for personal injuries sustained while vacationing at their resort. Plaintiff’s pool design expert was not allowed based on numerous Daubert factors.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- Stewart v. Capital Safety USA – United States District Court – Western District of Louisiana – March 18th, 2016 – In this products liability case, the plaintiffs filed suit under the e Louisiana Products Liability Act. They allege that Defendant (Capital Safety USA) is at fault for the death of Ty Stewart, who was working as a derrickman at Savanna Energy Services. The defendants hired Gregg S. Perkins, P.E. (equipment & machinery expert witness) to opine that Stewart violated Savanna’s policies and procedures. The plaintiffs filed a motion to exclude the expert witness testimony, which was subsequently denied by the court.
- United States v Hill – United States Court of Appeals for the Seventh Circuit – March 21st, 2016 – In this case involving a bank robbery and money laundering, the Appellant appeals an order from the district court. One part of his appeal is his belief that the district court erred when it allowed the expert witness testimony of Joseph Raschke (wireless technology expert witness). The district court opined that cell-site analysis has been universally accepted as expert witness testimony and allowed the testimony. The appeals court affirmed the ruling.
- Hagan v. Jackson County – United States District Court – Southern District of Mississippi – March 21st, 2016 – This case involves a civil rights issue after the Plaintiff was arrested for possession of child pornography on his laptop. The plaintiff hired William T. Gaut, Ph.D as a police procedures expert witness and Defendants Thornton and Jackson County filed a motion to exclude this testimony. The judge granted the motion.
Expert Witness Testimony on Stereotypes Not Allowed
Plaintiff’s expert was to opine on the social framework of stereotyping, but was disallowed by judge based on general observations and unfounded speculation.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- Rish v. Simao – Nevada Supreme Court – March 17th, 2016 – This case involves a “low-impact” accident between two automobiles. After the accident, Simao brought suit against Rish for damages to cover the cost of injuries. At the district court level, Simao filed a motion to exclude any testimony by anyone (including Dr. David Fish, Rish’s orthopedic expert witness) stating that the crash was “low-impact”, citing a previous case in the Nevada Supreme Court (Hallmark v. Eldridge). The district court agreed with Simeo and, subsequently, opined in his favor. Rish appealed the case to the Supreme Court, which disagreed with the lower court, reversed the decision, and remanded the case for a new trial.
- Gibson v. Smithkline Beecham Corp. – United States District Court – Southern District of Mississippi – March 17th, 2016 – This is a personal injury case involving the drug Paxil. The plaintiff claims that the defendant promoted the use of the drug for women who were pregnant and hired Dr. Aaron M. Wolfson as a vocational evaluation & rehabilitation expert witness to help prove her case. The defendant sought to exclude the testimony, stating that it was incomplete, speculative, and based on insufficient evidence. In addition, the plaintiff argued that the testimony would not assist the trier of fact. The court granted the motion to exclude the testimony.
- Gross v. Balt. Aircoil Co – United States District Court – Southern District of Mississippi – March 17th, 2016 – This is a personal injury case in which a couple allegedly contracted Legionnaire’s disease while staying at a hotel. They argue that this was caused by a defective water-cooling tower at the hotel and filed sued against numerous companies related to the tower. In order to prove their case, they hired Robert Cunningham, a water/sewage treatment engineering expert witness. The defendants moved to exclude a portion of Cunningham’s testimony, specifically his opinion that a representative of NCH Corporation (which provided water treatment services to the tower at the hotel) acted reasonably when he recommended one water treatment chemical for the tower. The court denied the motion to exclude.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- Smart v. BNSF Railway Co. – Court of Appeals of the State of Kansas – March 4th, 2016 – This case involves a work-related injury filed under the Federal Employers’ Liability Act. The Appellee (smart) appeals an order from the district court which granted summary judgment for the Appellant (BNSF). The court had excluded the various experts that were called by the Smart in order to prove breach of duty and causation. Specifically, the district court excluded the testimony of Dr. Tyler Kress (ergonomics expert witness) stating that it would not be helpful to the trier of fact. The appeals court agreed and affirmed the opinion.
- Beede v. Stiefel Labs., Inc. – United States District Court – Northern District of New York – March 7th, 2016 – The Plaintiffs in this case sued defendants for, among other counts, securities fraud. The defendants hired Lance T. Studdard and Chester Gougis (financial planning expert witnesses) to provide expert witness testimony on their behalf and the Plaintiffs filed a motion to exclude their opinions. The motion was denied in part and granted in part.
- R.C. v. State – District Court of Appeal of Florida – Second District – March 11th, 2016 – This case involves the appeal of a disposition of probation upon a juvenile (R.C.). The juvenile was found guilty of possession of marijuana and placed on probation. R.C. subsequently appealed the disposition, stating that the district court erred when it allowed a law enforcement officer’s police procedures expert witness testimony which identified cannabis on the appellant. R.C. stated that this testimony does not adhere to the new Daubert standard for the admissibility of expert witness testimony, arguing that the opinion was “pure opinion” and that it was not based on scientifically supported data and methodology. The appeals court stated that although the state of Florida has incorporated the more rigorous standard for expert witness testimony, the courts have already settled on the issue of what type of expertise is needed to detect cannabis on an individual.
Psychologist Expert Witness Testimony Excluded, Nebraska Supreme Court Affirms
Appellant appeals an order convicting him of first degree murder stating that, among other issues, the district court erred when it excluded his expert witness. The Nebraska Supreme Court affirmed the district court opinion.
Admissibility of One Expert Testimony in Coal Ash Waste Litigation Partially Allowed; Other Testimony is Allowed
Plaintiffs sued for unlawful dumping of toxic industrial waste in the Dominican Republic. 19 combined Daubert motions have been filed by the parties. Two of them have been decided recently.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- McCrary v. John W. Stone Oil Distributor, L.L.C. – United States District Court – Eastern District of Louisiana – February 26th, 2016 – This is a personal injury case where a seaman was injured during his workday on a boat operated by Defendants. The Plaintiff hired Captain James Jamison as an admiralty & maritime expert witnesses to provide testimony. The Defendant filed a motion to exclude the testimony based on unreliability. The court denied the motion.
- Fond du Lac Bumper Exchange Inc v. Jui Li Enterprise Company Ltd et al – United States District Court – Eastern District of Wisconsin – February 26th, 2016 – In this antitrust litigation involving direct purchasers and indirect purchasers of aftermarket sheet metal products, the Plaintiffs have hired Dr. Russell Lamb (economics expert witness) to prove the elements needed to prove class certification. The Defendants filed a motion to exclude this testimony stating that Dr. Lamb used flawed methodology. The court denied the motion.
- Releford v. City of Houston – United States District Court – Southern District of Texas – February 29th, 2016 – This case involves the fatal shooting of a man by a police officer. The man’s estate filed suit, alleging civil rights violations. The Plaintiff hired William Rathburn, a law enforcement expert witness, to provide testimony on police procedures and the Defendants filed a motion to exclude the testimony, based on qualifications and reliability. The court denied the motion.
Mechanical Engineer Expert Witness Testimony Partially Allowed
Plaintiff sued manufacturer of trash conveyor for numerous allegations, including design defect, after being injured while utilizing the machine on the job. The Plaintiff hired Roelof H. deVries to provide expert witness testimony on her behalf. Defendant filed a motion to exclude this testimony. The court granted the motion in part and denied it in part.
Toxicology Expert Article: Marijuana Impaired, or, Just Cannabinoid Positive?
Toxicology Expert Witness John P. Bederka, Ph.D. of TOXICULL Associates writes in his article about the need for businesses, governments, legal entities, and scientists to effectively evaluate the increasing prevalence of marijuana use. He poses and analyzes many questions in the article, including the following:
1. Is there any relationships between blood THC v. brain THC?
2.How does the percent THC in the smoked marijuana cigarette relate to blood levels of THC in the user?