Articles Posted in Daubert

  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.

  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.
  4. United States v. 2.28 Acres – United States District Court – District of Nebraska – October 27th, 2015 – This is a land condemnation case.  The defendants hired Wayne Kubert, a real estate valuation expert witness, to appraise the land in dispute.  The United States filed a motion to exclude the testimony of Mr. Kubert based on his methodology.  The court denied the motion to exclude, stating that the opposition goes to weight of the evidence, not it’s admissibility.

Here are some recent challenges to expert witness testimony in federal and state courts: