The defendant challenged the standard of care and causation experts in this medical malpractice case. The court denied the motion to exclude the testimony of both witnesses.
Numerous Experts Challenged in GM Ignition Switch Litigation
Seven experts proffered by the plaintiffs and three experts proffered by the defendants were challenged by the opposing parties. The court ruled that most of the objections go to the weight of the testimony and not the admissibility and, thus, both motions are denied in their entirety (with limited exceptions).
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- PHILLIP JACKSON BAILEY, Appellant, v. STATE OF ALASKA, Appellee – Alaska Court of Appeals – December 16th, 2015 – This case is an appeal of a first-degree murder conviction. The Appellant maintains that the trial court erred when it limited the testimony of his deadly/excessive force expert witnesses Donald Mann. The court affirmed the trial court opinion.
- United States of America v. An Easement and Right-of-Way Over 3.11 Acres of Land, More or Less, in Warren County, Kentucky et al – United States District Court – Western District of Kentucky – December 18th, 2015 – This case involves the taking of an easement and right-of-way. The defendants hired Steve J. Wilson (real estate valuation expert witness) to provide testimony on 1) the highest and best use of the property, 2) the “pre-taking” value of the property, 3) the “after-taking” value of the property, and 4) damages to the property resulting from the taking. The plaintiff filed a motion to exclude the testimony based on credibility and accuracy. The court concluded that the testimony of Mr. Wilson was admissible.
- Law Debenture Trust Company of New York v. WMC Mortgage, LLC et al – United States District Court – District of Connecticut – December 30th, 2015 – In this breach of contract case involving residential mortgage backed securities, the plaintiff hired Nelson R. Lipshutz, Ph.D as a statistics expert witness. The defendant filed a Daubert motion to exclude this testimony on grounds of reliability. The court denied the motion to exclude.
Computer Technology Witness Not Allowed, Security Expert Allowed in Retail Privacy Case
A female sued a retail clothing store for negligence following an episode at the store. The plaintiff (Jane Doe) hired two experts to assist in her case, both of which were challenged by the defendant. The court granted the motion for her technology expert and denied the motion regarding her security expert.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- Palacino et al v. Beech Mountain Resort, Inc. – United States District Court – Western District of North Carolina – December 11th, 2015 – This is a negligence and loss of consortium case involving falling ice. The plaintiff claims that a ski resort was at fault for not preventing the incident. Both parties have filed motions to exclude the expert witness testimony of the other. The defendant seeks to exclude the testimony of Alan Campbell (engineering expert witness) and Scott Conklin (architecture expert witness). The plaintiffs move to exclude the testimony of Kenneth Crump (professional engineering expert witness) and Paul Baugher (risk management expert witness). The court denied the motion to exclude the testimony of Alan Campbell, Scott Conklin, and Paul Baugher and granted the motion to exclude the testimony of Kenneth Crump.
- Emerson Electric Co. v. Suzhou Cleva Electric Applicance Co., Ltd. et al – United States District Court – Eastern District of Missouri – December 15th, 2015 – In this patent infringement case involving wet/dry vacuum cleaners, the testimony of two expert witnesses are challenged. The defendant’s have challenged the expert witness testimony of Ms. Donna Beck Smith (business valuation expert witness) and the plaintiff has filed a motion to exclude the testimony of Mark Gallagher (business valuation expert witness). Both motions were granted in part and denied in part.
- Pallano, et al. v. AES Corp., et al. – Delaware Superior Court – New Castle County – December 11th, 2015 – In this environmental liability case, the plaintiff’s filed a motion to exclude the expert witness testimony of Samuel Moore, M.D (Gastroenterology expert witnesses) with regard to the causes of Hirschsprungs disease. The court denied the motion to exclude Dr. Moore’s testimony.
Testimony of Disabilities Assessment Expert Witness Allowed
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.