Mealey's Daubert

  • July 14, 2020

    RV Expert Disallowed From Opining On Vehicle’s Weight Redistribution

    SOUTH BEND, Ind. — An Indiana federal judge on July 13 partly excluded testimony by an expert for a recreational vehicle maker in a couple’s suit over alleged defects in their vehicle, finding that the expert’s opinions on the cantilever action of the vehicle are unreliable and unhelpful (Linda Smith, et al. v. Nexus RVs, LLC, et al., No. 3:17-cv-815, N.D. Ind., 2020 U.S. Dist. LEXIS 122424).

  • July 14, 2020

    Some Of Expert’s Opinions OK’d In Suit Alleging Racial Bias In Police Department

    LAS CRUCES, N.M. — An expert in police procedures can testify for three officers alleging racial discrimination by a New Mexico police department about the department’s “buddy system” for hiring and whether its policies fell below a standard of practice, a federal judge held July 13 (Brandon Ellis, et al. v. Hobbs Police Department, et al., No. 2:17-cv-01011, D. N.M., 2020 U.S. Dist. LEXIS 122062).

  • July 10, 2020

    3rd Circuit Says Expert Testimony Properly Admitted At Doctor’s Opioid Trial

    PHILADELPHIA — The Third Circuit U.S. Court of Appeals on July 9 affirmed the conviction and 27-year prison sentence of a Pennsylvania doctor for illegally prescribing narcotics, finding in part that the trial court properly allowed a medical expert to testify for the prosecution (United States v. Fuhai Li, No. 19-1875, 3rd Cir., 2020 U.S. App. LEXIS 21283).

  • July 08, 2020

    Despite Plethora Of Evidence, No Link Between Companies, Asbestos, Judge Says

    SAN FRANCISCO — Despite producing in excess of 300 pages of depositions, trial testimony and expert reports, plaintiffs fail to produce any link between their decedent and asbestos-containing products for which three defendants could be liable, a federal judge in California said July 6 in granting three motions for summary judgment (Debbie L. Viale, et al. v. Air & Liquid Systems Corp., et al., No. 19-38, N.D. Calif., 2020 U.S. Dist. LEXIS 118138).

  • July 08, 2020

    Judge Cuts Engineer’s Medical Opinion In Injury Suit Over Sideswipe Crash

    NEW ORLEANS — A biomechanical engineer can testify as an expert for a truck driver in a personal injury suit about the force caused in a sideswipe crash but not about whether the collision at issue actually caused the injuries complained of, a Louisiana federal judge held July 2 in denying a motion to exclude the expert’s testimony from trial (Wayland Collins, et al. v. John C. Benton, et al., No. 18-7465, E.D. La., 2020 U.S. Dist. LEXIS 116333).

  • July 07, 2020

    Texas Appeals Court Affirms Refusal To Dismiss Suit Over Hand, Foot Amputations

    HOUSTON — Two plaintiff’s experts were qualified to render opinions and provide reports addressing a physician’s alleged breach of duty in failing to identify a woman’s kidney injury, which eventually led to the amputation of her hands and feet, a Texas appeals court concluded June 23, affirming a lower court ruling denying the physician’s motion to dismiss (Samiran Kumar Das v. Yvonne Hester, No. 14-19-00596, Texas App., 14th Dist., 2020 Tex. App. LEXIS 4611).

  • July 02, 2020

    Experts Allowed In Suit Against Railway Over Woman’s Cancer Death

    OMAHA, Neb. — A Nebraska federal judge on June 29 allowed two experts to testify that the lung cancer a woman developed and died from was caused by breathing in diesel fumes from the locomotives she worked with her entire life, saying the experts’ methods and opinions are “scientifically valid” and “sufficiently reliable” (Dale E. Bettisworth v. BNSF Railway Company, No. 8:17-cv-491, D. Neb., 2020 U.S. Dist. LEXIS 114255).

  • July 02, 2020

    Expert Stays In Kaiser Gypsum Debtors’ Row Over Superfund Site Costs

    CHARLOTTE, N.C. — An expert witness is allowed to offer opinions on how pollution cleanup costs for a Superfund site in Seattle should be allocated among responsible parties, including Chapter 11 debtors Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc., a federal bankruptcy judge ruled in a June 24 docket entry (In re Kaiser Gypsum Company, Inc., et al., No. 16-31602, W.D. N.C. Bkcy.).

  • July 01, 2020

    Conviction, Expert Ruling Upheld In Medicare Fraud Case Against Laser Eye Doctor

    ATLANTA — A trial court did not abuse its broad discretion in limiting the testimony of a medical expert for an ophthalmologist who was eventually convicted of health care fraud for conducting unnecessary and unhelpful procedures on hundreds of mostly elderly patients, the 11th Circuit U.S. Court of Appeals ruled June 29 in affirming the doctor’s conviction (United States v. David Ming Pon, No. 17-11455, 11th Cir., 2020 U.S. App. LEXIS 20103).

  • June 30, 2020

    Judge Bars In Part Expert Testimony In Liquidators’ Aiding, Abetting Lawsuit

    NEW YORK — A federal judge in New York on June 29 granted and denied in part motions to preclude expert testimony in support of claims brought by the liquidators of two hedge funds for aiding and abetting breach of fiduciary duty and fraud in the collapse of the funds in a case awaiting trial (In re Platinum-Beechwood Litigation, No. 18-6658, Martin Trott, et al. v. Platinum Management [NY] LLC, et al., No. 18-10936, S.D. N.Y., 2020 U.S. Dist. LEXIS 113277).

  • June 26, 2020

    2nd Circuit Upholds Allowance Of Expert, Soccer Officials’ Convictions

    NEW YORK — The Second Circuit U.S. Court of Appeals on June 22 affirmed the wire fraud convictions of two international soccer federation officials charged with taking bribes in exchange for tournament broadcasting and marketing rights, finding among other things that the trial court did not abuse its discretion in allowing an economic expert to testify for the prosecution (United States v. Juan Ángel Napout, et al., Nos. 18-2750, 18-2820, 2nd Cir., 2020 U.S. App. LEXIS 19299).

  • June 16, 2020

    With Expert’s Opinions Intact, Injury Suit Over Fall In Movie Theater Proceeds

    SHREVEPORT, La. — A movie theater operator fails in its challenges to the opinions of a safety expert for a woman who was badly injured in a fall down steps in a darkened theater, a Louisiana federal magistrate judge found June 10, saying the issues raised are fodder for cross-examination but not grounds for exclusion (Julie Frazier Brown v. Cinemark USA, Inc., No. 5:19-cv-0346, W.D. La., 2020 U.S. Dist. LEXIS 102116).

  • June 12, 2020

    Judge Trims Expert Testimony In Insurance Suit Over Crash Injuries

    PHOENIX — Medical experts for a woman asserting bad faith claims against her insurer over coverage for auto accident injuries cannot offer opinions made in rebuttal because of the harm it would cause the insurer, but her standard-of-care expert can testify, just not on the value of her injuries because he is not an expert in calculating medical damages, an Arizona federal judge ruled June 10 (Melinda Lou Armer v. CSAA General Insurance Company, No. 2:19-cv-04402, D. Ariz., 2020 U.S. Dist. LEXIS 101851).

  • June 11, 2020

    Experts’ Opinions On Foreign Law Allowed In Job Bias Suit Against Cruise Line

    MIAMI — A Florida federal judge on June 5 mostly denied a cruise line’s requests to exclude expert testimony in a lawsuit alleging that the company discriminated against a man by not hiring him as a singer on a cruise ship because of his history of mental health problems (Samuel Schultz v. Royal Caribbean Cruises, Ltd., No. 18-24023, S.D. Fla., 2020 U.S. Dist. LEXIS 100120).

  • June 09, 2020

    Air Force Panel Upholds Child Sex Abuse Conviction, Says Expert Properly Allowed

    ANDREWS AIR FORCE BASE, Md. — A military judge properly allowed a digital forensics expert to testify about the cell phone of a suspected sexual predator of children at his court-martial because the expert had “ample background” and her testimony was relevant, the U.S. Air Force Court of Criminal Appeals held June 3 in affirming the defendant’s dishonorable discharge (United States v. Nicholas A. Knarr, No. ACM 39577, U.S. Air Force Crim. App., 2020 CCA LEXIS 197).

  • June 08, 2020

    Arkansas High Court Affirms $630,000 Award For Woman Injured In Fall Outside Store

    LITTLE ROCK, Ark. — A sharply divided Arkansas Supreme Court on May 28 affirmed a $630,000 award to a woman who was injured when she fell outside a Dollar General store, concluding that evidence supported the finding that wet concrete presented an unreasonably dangerous condition and that testimony on causation by the plaintiff’s chiropractor had been properly allowed (Dollar General Corp., et al. v. Karen Elder, No. 18-313, Ark. Sup., 2020 Ark. LEXIS 215).

  • June 08, 2020

    Expert Reports Should Be Allowed In Aiding, Abetting Lawsuit, Liquidators Say

    NEW YORK — Liquidators for two hedge funds in June 2 opposition briefs offered reasons two expert reports should not be excluded before trial in their New York federal court suit over the aiding and abetting of the funds’ collapse (In re Platinum-Beechwood Litigation, No. 18-6658, Martin Trott, et al. v. Platinum Management [NY] LLC, et al., No. 18-10936, S.D. N.Y.).

  • June 08, 2020

    High Court Declines Review Of 11th Circuit Decision On Officers’ Lay Opinions

    WASHINGTON, D.C. — An 11th Circuit U.S. Court of Appeals ruling that law enforcement officers testifying based on their experience in a drug dealing case were not offering expert opinions under Federal Rule of Evidence 702 stands after the U.S. Supreme Court denied certiorari for the case June 8 (Lenin Lugo v. United States, No. 19-855, U.S. Sup.).

  • June 08, 2020

    Louisiana Supreme Court Vacates Ruling Excluding Asbestos Expert

    NEW ORLEANS — On remand, a district court judge must better explain and clear up confusion about why he excluded the plaintiffs’ asbestos injury causation expert, a divided Louisiana Supreme Court said May 26 in granting a supervisory writ (Emily Everett v. Air Products And Chemicals Inc., et al., No. 2019-CC-01975, La. Sup., 020 La. LEXIS 958).

  • June 04, 2020

    Gun Toolmark Opinions Allowed, With Limitation, By Oklahoma Federal Judge

    OKLAHOMA CITY — Two ballistics experts can testify about bullet casings found at two shooting scenes because their method of examining the toolmark evidence on the shells “has been tested, reviewed by peers and subject to publication, found to have a potential low rate of error, and [is] widely accepted in the relevant community,” an Oklahoma federal judge held June 1 (United States v. Dominic Eugene Hunt, No. 5:19-cr-073, W.D. Okla., 2020 U.S. Dist. LEXIS 95471).