The EEOC filed a an Americans With Disabilities Act (ADA) discrimination case on behalf of former employee of defendant. The plaintiff filed a motion to exclude the testimony of their expert witness. The court denied the motion.
Child Sexual Abuse Testimony Allowed, Appeals Court Rules
Appellant was convicted of multiple counts of sexual assault on a child. The appellant appeals the decision, stating that the trial court should not have allowed the expert witness called by the State. The court affirmed the ruling.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- MEGAN E. BAAN, as the Personal Representative of the Estate of CHARLES CRAVEN MCALPIN, deceased, Appellant, v. COLUMBIA COUNTY – Court of Appeal of Florida – First District – December 8th, 2015 – This is an appeals of an negligence case related to the standard of care of emergency personnel when they respond to a 911 call. The trial court found the plaintiff’s emergency medicine expert witnesses, Dr. David Tulsiak, inadmissible. The plaintiff appealed and the appeals court reversed the opinion and remanded the case back to the trial court.
- Medlock v. Taco Bell Corp – United States District Court – Eastern District of California – December 9th, 2015 – This is an employment case related to an hour & wage dispute. The plaintiffs have hired Dr. Danna Moore, an economics expert witness, to provide expert witness testimony and the defendant filed a motion to exclude this testimony. The court denied the motion.
- Kemly v. Werner Co. – United States District Court – District of New Jersey – December 8th, 2015 – This is a products liability case involving a work platform. The plaintiffs have filed suit against the manufacturer of the platform due to a slip and fall. The plaintiffs have hired Ervin Leshner, a professional engineering expert witness, to provide expert witness testimony. The defendant sought to exclude this testimony. The court allowed the testimony of Mr. Leshner.
Legal Malpractice Expert Witness Testimony Allowed
The plaintiff sued her former attorney and his law firm for negligence, legal malpractice, and other causes of action. The defendants filed a motion to exclude or limit the testimony of plaintiff’s expert witness. The court denied the motion.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- 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.
- 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.
- 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.
Expert Witness Testimony in Laser Surgery Partially Allowed
In this medical malpractice action, the plaintiff sued her doctor after having a deleterious reaction to a procedure performed by the SmartLipo laser. The plaintiffs hired an expert to opine on causation and accepted medical practices. The defendant filed motions to exclude the testimony and it was partially granted.
Dermatologist Expert Witness Testimony Allowed in Medical Malpractice Case
Plaintiff sued numerous defendants for medical malpractice in their treatment of her medical issues. Plaintiff hired experts to testify and they were subsequently challenged. The court denied the motion to exclude.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- ALBERT E. GUCKER Plaintiff, v. UNITED STATES STEEL CORPORATION – United States District Court – Western District of Pennsylvania – November 23rd 2015 – This is an employment discrimination case for violation of the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Pennsylvania Human Relations Act. The defendant filed a motion to exclude the testimony of Donal F. Kirwan, a human resources expert witness. The court denied the motion.
- Gill v. State Farm Lloyds – United States District Court – Eastern District of Texas – November 23rd, 2015 – This case involves an insurance coverage dispute over damage to a residence after a wind and hail storm. The plaintiff hired Steven Richardson, a construction expert witness and the defendant challenged based on qualification and reliability. The motion was denied by the court.
- State of Minnesota v. Jason DeWayne Kirk – State of Minnesota Court of Appeals – November 23rd, 2015 – The defendant in this case appeals a conviction of first-degree criminal sexual conduct. He states that the trial court improperly excluded the testimony of his sanity/trial competency expert witness Dr. Deborah Davis, who was called to testify on false confessions. The appeals court affirms the opinion of the lower court.
Healthcare Policy Update by HIPAA Expert Michael Arrigo
HIPAA Expert Witness Michael Arrigo provides the following Healthcare Policy Update: CMS Suspends Payment on Certain ICD-10 ClaimsCMS Systems Not Ready for All NCDs and LCDsWe may be seeing one of the first latent indicators of the financial impact of ICD-10 with today’s announcement. CMS stated in a November 20th 2015 email that its systems are being updated to accommodate ICD-10 NCDs and LCDs. This also resulted in “temporary” suspensions of payments for LCDs. CMS states, “Claims affected by these edits were temporarily suspended.”
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- Bickham v. Coca Cola Refreshments USA, Inc. – United States District Court – Southern District of New York – November 18th, 2015 – This case involves a negligence claim against Coca Cola related to an object allegedly swallowed during the ingestion of a soft drink. The plaintiff hired Darrel Suderman, Ph.D., a food expert witness. The defendant filed a motion to exclude this testimony and the court granted the motion.
- Aide Sepulveda Torres v. Carnival Corporation – United States Court of Appeals for the Eleventh Circuit – November 20th, 2015 – This is an alleged negligence action stemming from a fall on a cruise ship. The plaintiff sued the defendant for negligence in Florida Southern District Court and hired Kevin Rider, a human-factors engineering expert witness. The defense filed a motion to exclude Mr. Rider’s testimony, which was granted, along with summart judgment in favor of the defendant. The plaintiff appealed to this court and the appeals court affirmed the lower court opinion.
- Vaughn v. Safeway, Inc. – United States District Court – District of Colorado – November 20th, 2015 – This is an employment discrimination case. The plaintiff has sued his employer stating that they have discriminated against him in violation of the American with Disabilities Act (ADA). In order to assist in their case, the plaintiff has hired Rita Laitres a human resources expert witness, which was subsequently challenged by the defendant. They state that her opinion is not reliable, she is not qualified, and her testimony will not assist the trier of fact. The court denied the motion to exclude.