Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony

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  1. 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.
  2. 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.
  3. 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.
  4. GUILLEN et al v. SIX FLAGS GREAT ADVENTURE LLC. et al – United States District Court – District of New Jersey – December 29th, 2015 – This is a liability case involving a ride at an amusement park.  The plaintiff was injured while preparing to ride a roller coaster.  To assist in her case, the plaintiff hired Gary L. Montroy, H.H.S (amusement parks expert witness) to provide expert testimony.  The defendants filed a motion to exclude this testimony based on qualifications and reliability.  The court denied the motion.