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  1. Bruska v. Bunting Bearings – United States District Court – District of Minnesota – November 17th, 2015 – In this products liability case involving automobile brakes, the defendants’ challenge the expert witness testimony of James Brusso, a metallurgy expert witnesses.  They argue that his testimony is unreliable, over speculative and not based on reliable data.  The court disagreed and denied the motion.
  2. Nester et al v. Textron, Inc. et al – United States District Court – Western District of Texas – November 17th, 2015 – This is a personal injury/products liability case involving a Workhorse cart.  The plaintiffs claim that the vehicle malfunctioned and caused injury to Ms. Nester.  Expert witnesses were called by both parties.   The defendants have moved to exclude thetestimony of Dr. William Vigilante (Human Factors Engineering Expert Witness), Herbert Newbold (Mechanical Engineering Expert Witness), and Dr. Lara McKenzie (personal injury expert witness).  Plaintiffs have moved to exclude the evidence of Dr. David Bizzak (Mechanical Engineering Expert Witness).  The court opined as follows:  Denied in part and granted in part the motion to exclude the testimonies of Dr. Lara McKenzie, Herbert Newbold, and Dr. David Bizzak.  The court denied in full the motion to exclude the testimony of Dr. William Vigilante.
  3. Scottsdale Ins. Co. v. Deere & Co – United States District Court – District of Kansas – November 16th, 2015 – This case involves a combine that caught fire while harvesting wheat.  Scottsdale Insurance Company, the subrogee for the owners of the combine filed a lawsuit against John Deere, the maker of the combine.  Scottsdale filed a motion to exclude the expert witness testimony of Michael Senneff and Josh Oltrogge, both fire expert witnesses.  The court denied in part and granted the motion in part.
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  1. Brooks, et al. v. Ripley, Union, Lewis, Huntington School District, et al. – United States District Court – Southern District of Ohio – November 10th, 2015 – In this alleged racial discrimination case at a school, the defendants’ filed a motion to exclude the expert witness testimony of Dr. Edward Dragan, an education & schools expert witness based on unreliability and relevancy.  The court denied the motion to exclude on all counts except that Dr. Dragan could not opine that the defendants were “deliberately indifferent” or “severely indifferent” to plaintiff’s racial harassment.
  2. Roberts v. General Motors LLC – United States District Court – Eastern District of Missouri – November 10th, 2015 – This is a motor vehicle design defect case.  Both parties have hired expert witnesses and both have filed motions to exclude the testimony of those witnesses.  The defendant, General Motors, has filed a motion to exclude the testimony of Larry Sicher (mechanical engineering expert witness) and Joseph Burton, M.D (biomechanics expert witness).  The plaintiff has filed a motion to exclude the testimony of Jeya Padmanaban (statistics expert witness).  The court denied the motion to exclude the expert witness testimony of Mr. Sicher and Dr. Burton and granted the motion to exclude the expert witness testimony of Ms. Padmanaban.
  3. Alsip v. Wal-Mart Stores East, LP et al – United Sates District Court – Southern District of Alabama – November 12th, 2015 – This case involves a slip & fall out side of a Walmart.  The plaintiff hired Russell Kendzior (slip, trip & fall expert witness) to opine on the traction of the surface.  The defendant filed a motion to exclude this testimony based on reliability and relevancy. The court granted the motion to exclude.
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  1. Valdes v. Miami-Dade County et al – United States District Court – District of Southern Florida – November 6th, 2015 – This case involves an alleged violation of civil rights.  The plaintiff sought to exclude the expert witness testimony of  Dr. Jason Buchwald, a forensic & laboratory testing expert witness, based on speculative and conclusory opinions as well as lack of qualification.  The motion to strike the expert witness testimony was denied by the court.
  2.  Bailey v. Stanley Access Techs., Inc – United States District Court – District Court of Northern Mississippi – November 6th, 2015 – In this personal injury case involving an automatic sliding door in a hotel, numerous experts were called to produce testimony.  The defendants filed a motion to exclude the testimony of Warren Davis, Phd as a physics expert witness.    The plaintiff has filed a motion to exclude the testimony of David Sitter, an electrical engineering expert witness.  In addition, one defendant (Stanley) objects to four parts of Michael Panish, the other defendant’s doors expert witness.  All three expert witness testimonies were granted in part and denied in part.
  3. Michael F. Abrams, et al., Plaintiffs, -vs- Nucor Steel Marion, Inc. – United States District Court – Northern District of Ohio – November 9th, 2015 – This property damage/trespass case involves the release of manganese from a steel plant.  The plaintiffs have hired Dr. Jonathan Rutchik (a neurology expert witness), Lance Traves (an environmental expert witness), Craig Cantrall (a real estate agent expert witness).  The defendant filed motions to exclude the testimony of each witness.
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A summary of recent Daubert opinions.

  1. Ponce v. Mountaineers – Court of Appeals of Washington – Division One – November 2, 2015 – This case involves a sledding accident.  The plaintiffs appeal a lower court opinion which allowed the defendant’s sports and recreation expert witness, Chris Stoddard.  They claim that he lacked sufficient foundation.  The appeals court confirmed the lower court opinion.
  2. Federal Deposit Insurance Corporation v. Attorneys Title Insurance Fund, Inc. – United States District Court – Middle District of Florida – November 4th, 2015 – In this title insurance fund related to residential loan transactions, the defendant filed a motion to exclude the testimony of J. Richard Harris, a mortgages expert witness.   The defense stated that the Mr. Harris does not employ a reliable methodology and that his testimony would not help the trier of fact.  The court denied the motion.
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  1. Sargent v. Commonwealth – United States District Court – Middle District of Pennsylvania – October 26th, 2015 – This case involves an alleged use of excessive force by an arresting policeman.  The plaintiff hired R. Paul McCauley, a deadly/excessive force expert witnesses.  The defendant challenged Dr. McCauley should not be allowed to testify on the following: 1) whether the force used was excessive or unreasonable and 2) whether defendant could have done under the circumstances.  The judge granted the motion in part and denied it in part, stating that Dr. McCauley’s testimony is limited to the extent that it references the reasonableness or excessiveness of the force used.
  2. The People v. Jason James Zamora – Court of Appeal, Fourth Appellate District – State of California – October 29th, 2015 – In this case involving a fight at a bar, the defendant hired Dr. Thomas Streed as a deadly/excessive force expert witness.  The lower court excluded this testimony (stating that the expert was not qualified) and the defendant appealed.  The court affirmed the opinion of the lower court.
  3. In re: The Marriage of Rebecca Lynn Sternat – Wisconsin Court of Appeals – October 28, 2015 – In this divorce case, the lower allowed the plaintiff’s expert witness testimony of Kris Disbrow, a business valuation expert witnesses.  The defendant appealed, stating that he is not qualified and his testimony is unreliable.  The court affirmed the opinion of the lower court.
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