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

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  1. 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 grounds and the court agreed.  The testimony of Andrew J. Scott, III was excluded.
  2. Nagle v. Gusman – United States District Court – Eastern District of Louisiana – February 10th and February 12th, 2016 – This case involves a civil rights action against numerous employees at the Orleans Parish Prison.  The Plaintiffs are siblings of a prisoner who committed suicide while on the watch by the prison.  Both parties called expert witnesses to the stand and both were subsequently challenged.  The Defendants filed a motion to exclude the testimony of Dr. James F. Hooper (neurology expert witness) and the Plaintiff filed a motion to exclude the testimony of Dr. Elizabeth Ford (psychiatry expert witness).  In two separate opinions, the court denied in part and granted in part the respective motions to exclude.
  3. Hernandez v. Leichliter et al – United States District Court – Southern District of New York – February 18th, 2016 – In this case involving a car accident on the George Washington Bridge, the Plaintiff hired Dr. James Pugh as a biomechanist expert witness to opine on causation.  The Defendants filed a motion to exclude the testimony based on the reliability of methodology.  The court granted the motion.
  4. COLLINS v. MANHEIM REMARKETING, INC. – United States District Court – Southern District of Indiana – February 18th, 2016 – This case involves an accident when a car attempted to avoid a bumper of a car that had fallen off a truck.  The Defendant filed a motion to exclude the testimony of  Peter A. Philbrick (bus & truck safety/accident expert witness) based on qualifications.   The court granted the motion.