Hernandez v. City of Findlay – United States District Court – Northern District of Ohio – February 12th, 2016 – In this case of alleged excessive force by a policeman, the Plaintiff hired Andrew J. Scott, III as a police procedures expert witness. The defense challenged this testimony on reliability…
Expert Witness Blog
Cell Site Analysis Expert Witness Testimony Allowed
In this murder-for-hire case, the Government hired an expert in cell site analysis to provide testimony. The Defendant filed a motion to exclude the testimony based on unsound scientific methodology. The court denied the motion. Facts: This case (United States v. Walter Porter – United States District Court – Eastern…
Michigan Supreme Court Overturns Appeals Court Expert Testimony Ruling in Medical Malpractice Case
Plaintiff sued her doctor after her common bile duct was clipped during surgery to remove her gall bladder. The Circuit Court excluded the testimony of her expert witness and the appeals court overturned the ruling. Now, the Supreme Court reversed the judgment of the appeals court and reinstated the opinion of…
Causation Expert Testimony in Toxic Tort Exposure Case Not Allowed
Plaintiff claims that she was exposed to toxic substances while working for Defendant. Defendant filed motion to exclude the testimony from her three expert witness. The court granted the motion. Facts: This personal injury and wrongful death lawsuit (Konrick v. Exxon Mobil Corporation et al – United States District Court…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Barclay v. State Farm Lloyds – United States District Court – Southern District of Texas – January 14th, 2016 – This lawsuit involves an insurance claim for foundation damage to a house. Plaintiffs washing machine malfunctioned, causing water to leak into the garage causing the damage. In order to…
Software Expert Witness Testimony Allowed By Daubert
Software expert was hired to provide testimony into the calculation of damages in a breach of license agreement. The Defendant filed a motion to exclude the expert witness testimony under Daubert. Facts: This case (SAS Institute Inc. v. World Programming Limited – United States District Court – Eastern District of…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Fick v. Exxon Mobil Corporation – United States District Court – Eastern District of Louisiana – February 1st, 2016 – This is a personal injury case involving a shrimp boat hitting a pipe to a well. The defendant hired Dennis K. Manuel as an oil & gas expert witness to…
Hospitality Expert Witness Testimony Allowed
The Defendants filed a motion to exclude the testimony of Plaintiff’s hospitality expert witness based on the unreliability of his scientific methods. The court denied this motion. Facts: This case (Atmosphere Hospitality Management, LLC v. Shiba Investments, Inc. et al – United States District Court – Western District of South…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Brooks et al v. Caterpillar, Inc. – United States District Court – Western District of Kentucky – January 20th, 2016 – In this products liability case involving a coal mining accident, the Plaintiffs sued the Defendant claiming that the incident could have been avoided if a handle on a…
Pain Management Expert Witness Testimony Partially Allowed
Prisoner in correctional facility sued officers and nurse for injuries sustained after a gunshot wound. The Plaintiff hired a pain management doctor to supply expert witness testimony. The court allowed most of this testimony. Facts: In this case (Gomez v. Palmer, et. al – United States District Court – Northern District…