Plaintiff was charged with 7 counts of sexual conduct with a minor. He appealed the conviction on numerous grounds, one being the admittance of child sexual abuse expert testimony. The court confirmed the opinion of the trial court.
Maryland Appeals Court Overturns Part of Circuit Court’s Exclusion of Lead Paint Exposure Expert
A pediatrician testified as to the medical causation of lead-paint exposure. After a circuit court excluded this testimony, the plaintiff’s appealed. The appeals court reversed this decision.
Daubert Shorts
- Century Indemnity Company v. The Marine Group, LLC et al – United States District Court – District of Oregon – October 13th, 2015 – In this environmental cleanup case, the testimony of insurance expert witnesses Robert Hughes and Dennis Connolly were challenged on grounds of inadmissible legal conclusions and qualifications. The court granted the motion regarding the legal conclusions, but denied the motion regarding qualifications.
- Scott Bridge Company, Inc. v. Gresham Smith and Partners – United States District Court – Middle District of Alabama – October 14th, 2015 – In this negligence action involving the design and construction of a deep water pier, the testimony of three experts were challenged. These experts include: Dane Floyd (forensic accounting expert witness), Ben D. Nolan, III (mechanical engineering expert witnesses), Dr. Ted Thomson (structural engineering expert witnesses), and Dr. Richard Hartman.
- Aubrey et al v. Barlin et al – United States District Court – Western District of Texas – October 14th, 2015 – This case involves an alleged Ponzi scheme related to land developments. The plaintiffs called Edmond Martin as a forensic accounting expert witness. The defendants challenged on the grounds of qualification, reliability, and that his testimony would not help the jury. The court granted the motion in part and denied it in part.
Explosion Expert Testimony in Products Liability Case is Allowed
After a residence fire, the insurer filed suit against the manufacturer of a space heater. The defendant filed a motion to exclude the testimony of plaintiff’s explosions expert. The court denied the motion.
Daubert Shorts
Here are some recent challenges to expert witness testimony in federal and state courts:
- Danielides v. Northrop Grumman Corporation (Illinois Northern District Court – October 8th, 2015) – Expert Ronald Flom, a retired U.S. Army Colonel, was excluded from testifying as a government procurement expert.
- Mcdaniel v. Kidde Residential & Commercial (Pennsylvania District Court – October 8th, 2015) – Expert David J. Bizzak, Ph.D., P.E., a professional engineer expert witness who specializes in product failures, was allowed to testify in products liability case involving a fire extinguisher.
Expert in Pest Control Testifies in Hot Tub Products Liability Case
Four experts testified in a products liability case involving a hot tub. One, an expert in pest management, opined about rodents chewing on electrical wires, which may have caused the fire.
Testimony of Expert Witness Upheld in Child Sexual Abuse Case
Defendant was convicted of first degree sexual abuse and subsequently appealed his conviction on two grounds, one on the court’s exclusion of his expert witness. The court confirmed the lower court opinion.
Expert Testimony in Child Abuse Case Upheld on Appeal
Father convicted of sexual abusing his daughter appeals an opinion of the lower court which disallowed expert witness testimony of psychiatrist. The appeals court upheld the opinions.
Expert Testimony For Three Experts in Patent Case Allowed
In two separate opinions, the court allowed the testimony of three witnesses in a patent dispute.
Numerous Experts Challenged in Marine Sonar Surveying Case
Plaintiff sued defendants related to a accident involving a boat and a drilling rig at sea. There were challenges to the numerous experts. Most of the challenges were denied, while a few scattered parts of motions were granted.