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


  1. ALBERT E. GUCKER Plaintiff, v. UNITED STATES STEEL CORPORATION – United States District Court – Western District of Pennsylvania – November 23rd 2015 – This is an employment discrimination case for violation of the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Pennsylvania Human Relations Act.  The defendant filed a motion to exclude the testimony of Donal F. Kirwan, a human resources expert witness.  The court denied the motion.
  2. Gill v. State Farm Lloyds – United States District Court – Eastern District of Texas – November 23rd, 2015 – This case involves an insurance coverage dispute over damage to a residence after a wind and hail storm.  The plaintiff hired Steven Richardson, a construction expert witness and the defendant challenged based on qualification and reliability.  The motion was denied by the court.
  3. State of Minnesota v. Jason DeWayne Kirk – State of Minnesota Court of Appeals – November 23rd, 2015 – The defendant in this case appeals a conviction of first-degree criminal sexual conduct.  He states that the trial court improperly excluded the testimony of his sanity/trial competency expert witness Dr. Deborah Davis, who was called to testify on false confessions.  The appeals court affirms the opinion of the lower court.