Daubert Shorts

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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.
  3. Deflecto, LLC v. Dundas*Jafine Inc – United States District Court – District of Missouri – Western Division – November 3rd, 2015 – In this patent infringement case, the court issued three separate orders regarding motions to exclude expert witness testimony.  The first order was on a motion by the defendant to exclude the testimony of Marshall Honeyman as a patent expert witness.  The court granted this motion in full.  The second order was on a motion filed by the plaintiff to exclude the testimony of Dr. Terry Faddis as a mechanical engineering expert.  This motion was granted in part and denied in part.  The third order was on a motion filed by the defendant to exclude the expert testimony of Marc Vianello, a forensic accounting expert witness.  This motion was also granted in part and denied in part.
  4. Stetson Petroleum Corp. et al v. Trident Steel Corporation – United States District Court – Eastern District of Texas – November 4th, 2015 – This case involves a casing pipe failure.  The third party defendants filed a motion to exclude the expert witness testimony of Thomas M. Wadsworth, P.E, a professional engineering expert witness as untimely and unreliable.   The court denied this motion.    The plaintiff’s have filed a motion to exclude the expert witness testimony of John E. Slater, Ph.D., P.E., a professional engineering expert witness stating that his opinion is based on speculation and is not reliable.  The court denied that motion as well.   The plaintiffs also move to exclude the testimony of Kenneth P. Malloy, P.E. another professional engineering expert witness as unreliable.  The court also denied this motion.