Daubert Shorts

  1. Sargent v. Commonwealth – United States District Court – Middle District of Pennsylvania – October 26th, 2015 – This case involves an alleged use of excessive force by an arresting policeman.  The plaintiff hired R. Paul McCauley, a deadly/excessive force expert witnesses.  The defendant challenged Dr. McCauley should not be allowed to testify on the following: 1) whether the force used was excessive or unreasonable and 2) whether defendant could have done under the circumstances.  The judge granted the motion in part and denied it in part, stating that Dr. McCauley’s testimony is limited to the extent that it references the reasonableness or excessiveness of the force used.
  2. The People v. Jason James Zamora – Court of Appeal, Fourth Appellate District – State of California – October 29th, 2015 – In this case involving a fight at a bar, the defendant hired Dr. Thomas Streed as a deadly/excessive force expert witness.  The lower court excluded this testimony (stating that the expert was not qualified) and the defendant appealed.  The court affirmed the opinion of the lower court.
  3. In re: The Marriage of Rebecca Lynn Sternat – Wisconsin Court of Appeals – October 28, 2015 – In this divorce case, the lower allowed the plaintiff’s expert witness testimony of Kris Disbrow, a business valuation expert witnesses.  The defendant appealed, stating that he is not qualified and his testimony is unreliable.  The court affirmed the opinion of the lower court.
  4. United States v. 2.28 Acres – United States District Court – District of Nebraska – October 27th, 2015 – This is a land condemnation case.  The defendants hired Wayne Kubert, a real estate valuation expert witness, to appraise the land in dispute.  The United States filed a motion to exclude the testimony of Mr. Kubert based on his methodology.  The court denied the motion to exclude, stating that the opposition goes to weight of the evidence, not it’s admissibility.