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

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  1. Stewart v. Capital Safety USA – United States District Court – Western District of Louisiana – March 18th, 2016 – In this products liability case, the plaintiffs filed suit under the e Louisiana Products Liability Act.  They allege that Defendant (Capital Safety USA) is at fault for the death of  Ty Stewart, who was working as a derrickman at Savanna Energy Services.  The defendants hired  Gregg S. Perkins, P.E. (equipment & machinery expert witness) to opine that Stewart violated Savanna’s policies and procedures.  The plaintiffs filed a motion to exclude the expert witness testimony, which was subsequently denied by the court.
  2. United States v Hill – United States Court of Appeals for the Seventh Circuit – March 21st, 2016 – In this case involving a bank robbery and money laundering, the Appellant appeals an order from the district court.  One part of his appeal is his belief that the district court erred when it allowed the expert witness testimony of  Joseph Raschke (wireless technology expert witness).  The district court opined that cell-site analysis has been universally accepted as expert witness testimony and allowed the testimony.  The appeals court affirmed the ruling.
  3. Hagan v. Jackson County – United States District Court – Southern District of Mississippi – March 21st, 2016 – This case involves a civil rights issue after the Plaintiff was arrested for possession of child pornography on his laptop.  The plaintiff hired  William T. Gaut, Ph.D as a police procedures expert witness and Defendants Thornton and Jackson County filed a motion to exclude this testimony.  The judge granted the motion.
  4. Curran v. Werner Co. – United States District Court – Southern District of Ohio – March 21st, 2016 – In this products liability case, the plaintiff (Curran) sued the manufacturer of a step ladder after an accident.  In order to assist in his case, Curren hires two experts: Doctors George Ritter (structural engineering expert witness) and William Mohr (professional engineering expert witness).  The defendant filed a motion challenging the testimony of both witnesses.  The judge denied the motions.
  5. Ladnier v. REC Marine Logistics, LLC – United States District Court – Eastern District of Louisiana – March 25th, 2016 – This personal injury case involves injuries sustain by the plaintiff (Ladnier) during a Helicopter Underwater Escape Training exercise.  Ladnier maintains that he was injured when his safety belt did not operate properly while he was submerged underwater.  Ladnier hired Stephen Syson (automotive engineering expert witness) to help him prove his case.  The defendants filed a motion to exclude Syson’s testimony on the grounds that it will not help the trier of fact, is not based on sufficient data and does not rely on reliable principles and methodology.  The court granted the motion.
  6. Haley v. Kolbe & Kolbe Millwork Co – United States District Court – Western District of Wisconsin – March 25th, 2016 – This proposed class action litigation involves breach of express and applied warranties for alleged defective windows installed in plaintiff’s homes.  the plaintiff’s hired two experts to assist in their case: Haskell W. Beckham, Ph.D. (materials engineering expert witness) and Joel M. Wolf (structural engineering expert witness).  The defendant’s filed a motion to exclude the testimony of both Beckham and Wolf.  The court agreed and granted the motion to exclude.