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?
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- Martinez-Morales v. Martens – Supreme Court of Alaska – February 19th, 2016 – This case involves an accident in a parking lot where a car struck a pedestrian. Rhonda Martens was found not negligent by a jury in the lower court. Martinez-Morales appeals the opinion on numerous issues, one being that the lower court erroneously allowed Marten’s accident reconstruction expert witness, Bob Butcher, to provide testimony. The Supreme Court affirmed the lower court opinion.
- Dial Corp. v. News Corp – United States District Court – Southern District of New York – February 16th, 2016 – In this antitrust litigation involving third-party in-store promotions, the Plaintiffs’ filed a motion In Limine to exclude the testimony of Defendants’ economic expert witness, Dr. Dennis W. Carlton. The court denied the motion.
- Kintzel v. Kleeman – United States District Court – Middle District of Pennsylvania – February 19th, 2016 – This case involves a civil rights complaint against a police officer. The Plaintiff hired Captain William Williams of the Pennsylvania State Police as a Wireless Technology Expert, specifically the evaluation of the GPS used by the State Police. The Defendant challenged this testimony on qualification grounds. The court granted the motion.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- Hernandez v. City of Findlay – United States District Court – Northern District of Ohio – February 12th, 2016 – In this case of alleged excessive force by a policeman, the Plaintiff hired Andrew J. Scott, III as a police procedures expert witness. The defense challenged this testimony on reliability grounds and the court agreed. The testimony of Andrew J. Scott, III was excluded.
- Nagle v. Gusman – United States District Court – Eastern District of Louisiana – February 10th and February 12th, 2016 – This case involves a civil rights action against numerous employees at the Orleans Parish Prison. The Plaintiffs are siblings of a prisoner who committed suicide while on the watch by the prison. Both parties called expert witnesses to the stand and both were subsequently challenged. The Defendants filed a motion to exclude the testimony of Dr. James F. Hooper (neurology expert witness) and the Plaintiff filed a motion to exclude the testimony of Dr. Elizabeth Ford (psychiatry expert witness). In two separate opinions, the court denied in part and granted in part the respective motions to exclude.
- Hernandez v. Leichliter et al – United States District Court – Southern District of New York – February 18th, 2016 – In this case involving a car accident on the George Washington Bridge, the Plaintiff hired Dr. James Pugh as a biomechanist expert witness to opine on causation. The Defendants filed a motion to exclude the testimony based on the reliability of methodology. The court granted the motion.
Cell Site Analysis Expert Witness Testimony Allowed
In this murder-for-hire case, the Government hired an expert in cell site analysis to provide testimony. The Defendant filed a motion to exclude the testimony based on unsound scientific methodology. The court denied the motion.
Michigan Supreme Court Overturns Appeals Court Expert Testimony Ruling in Medical Malpractice Case
Plaintiff sued her doctor after her common bile duct was clipped during surgery to remove her gall bladder. The Circuit Court excluded the testimony of her expert witness and the appeals court overturned the ruling. Now, the Supreme Court reversed the judgment of the appeals court and reinstated the opinion of the Circuit Court.
Causation Expert Testimony in Toxic Tort Exposure Case Not Allowed
Plaintiff claims that she was exposed to toxic substances while working for Defendant. Defendant filed motion to exclude the testimony from her three expert witness. The court granted the motion.