Plaintiff hired pathology expert witness to opine on pain and suffering in a products liability case. Defendant filed a motion to exclude the testimony. The court granted in the motion in part and denied the motion in part.
Biomedical Engineering Expert Witness Testimony Not Allowed
Plaintiff sued Defendant related to unfair and deceptive business practices related to exercise equipment. The defendant filed a motion to exclude the testimony of the plaintiff’s biomedical engineering expert witness. The court granted the motion.
Child Sexual Abuse Expert Testimony Allowed
Appellant was convicted on numerous counts of child sexual abuse by the trial court. He appealed this conviction, arguing that the court erred when it allowed expert witness testimony on child sexual abuse accommodation syndrome (CSAAS). The appeals court affirmed the convictions of the lower court.
Construction Expert Witness Testimony Allowed
Defendant insurance company hired construction expert witness to opine on allocation of responsibility for specific costs in project. The plaintiff filed motions to exclude this testimony. The court ruled to allow the expert report.
Fire Expert Witness Testimony Allowed
Plaintiff hired expert to opine on the cause of a fire in a house leased by defendants. Defendants filed a motion to exclude the expert witness testimony of the fire expert. The court ruled in favor of plaintiff. Continue reading
Hydrologist’s Expert Testimony Allowed in Groundwater Contamination Case
Defendant is accused of contaminating groundwater near a missile motor casings site. Plaintiff challenged the expert witness testimony of defendant’s hydrologist expert. The court denied the motion to exclude.
Police Practices Expert Testimony Partially Allowed
Plaintiff sued the City of Chicago Heights and others alleging that he was deprived of his constitutional rights after his murder and attempted murder convictions were overturned. The defendants challenged the expert witness testimony of plaintiff’s police practices expert.
North Carolina Court of Appeals Overturns Admission of Expert Witness Testimony of HGN Test Results
Trial court had admitted expert witness testimony of officer who used HGN (Horizontal Gaze Nystagmus) to arrest defendant of driving while impaired. The appeals court overturned the opinion and ordered a new trial.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- Hamlett v. Carroll Fulmer Logistics Corp – United States District Court – Southern District of Georgia – April 6th, 2016 – This is a personal injury case involving an accident between a motorcycle and truck. The plaintiffs (Hamlett) sued the defendants for compensatory and punitive damages as well as attorneys fees. Hamlett hired Robert L. Scott Jr, the officer who arrived on the scene, as an accident reconstruction expert witness. The defendants filed a motion to exclude numerous parts of Scott’s expert witness testimony that based on conjecture or guessing. The court granted the motion to exclude these certain pieces of evidence.
- Dennis v. ESS Support Services Worldwide et al – United States District Court – Eastern District of Louisiana – April 11th, 2016 – This is a negligence case in which the plaintiff (Dennis) was allegedly injured after he fell off a top bunk while on board the SEVAN LOUISIANA. Dennis hired David E. Cole (admiralty & maritime expert witness) to provide expert witness testimony. The defendants filed a motion to exclude Mr. Cole’s testimony on relevancy, reliability, and the forming of legal conclusions. The court agreed with part of the motion, allowing Mr. Cole’s testimony on all issues except where he forms legal conclusions. Thus, the motion was granted in part and denied in part.
- Mohammed A. Jafar, Mohammed M. Chowdhury and Abdus Sobhan v. Seraj Mohammed – Texas 14th Court of Appeals – April 12th, 2016 – This case, on appeal from the Harris County District Court, involves a dispute regarding the valuation of a business after the withdrawal of one of its partners. The lower court denied appellants motion to exclude the expert witness testimony of the appellee. Seraj Mohammed hired Jeffrey Jones as a business valuation expert witness. The appellants argued that Mr. Jones’s testimony was unreliable and the lower court denied the motion. The appeals court affirmed the lower court ruling.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- InternMatch, Inc. v. Nxtbigthing, LLC – United States District Court – Northern District of California – March 28th, 2016 – In this trademark infringement case, the defendants have filed a motion to exclude the testimony of Joseph A. Greco, P.E. (electrical engineering expert witness). Mr. Greco was called as an expert to opine that Chad Batterman (defendant) fabricated a surge. His report stated that power surges are rare and that there was no abnormal electrical activity on the day of the alleged surge. The defendants state that Mr. Greco’s testimony should be excluded because it is not reliable. The court denied the motion to exclude.
- Oliveros v. BNSF Railway Company – United States District Court – District of Nebraska – March 29th, 2016 – In this case, filed under the Federal Employers Liability Act, the defendant has filed a motion to exclude the testimony of Alan Blackwell (railroad expert witness). Mr. Blackwell was to opine on the following: 1) vegetation and lighting, 2) crew change locations, 3) alternative crew change locations, and 4) ballast. The defendant’s state that Mr. Brickwell’s testimony should be excluded for numerous reasons, including reliability. The court denied the motion in part and granted it in part, the latter being that Mr. Blackwell cannot testify regarding any legal matters.
- American Home Assurance Company; Cargill Meat Solutions Corporation v. Greater Omaha Packing Co., Inc – United States Court of Appeals for the Eighth Circuit – April 5th, 2016 – This action on appeal concerns an outbreak of E. coli O157:H7 in cow meat. Cargill filed suit against Greater Omaha for breach of contract and warranties. To help prove their case, Cargil hired Lee Harrison, M.D., Randall Singer, Ph.D, and Dr. Angie Siemens (epidemiology expert witnesses). Drs. Harrison and Singer concluded that Greater Omaha was the source of the E. coli O157:H7 outbreak. Greater Omaha filed a motion to exclude the testimony of these experts, stating that they ignored two case patients that would disprove their conclusions. The district court denied the motion to exclude and the present appeals court upheld the decision.