Mealey's Daubert

  • March 29, 2021

    7th Circuit:  Expert Witness Exclusion Was Proper, ‘Doomed’ Design Defect Claims

    CHICAGO — A district court properly found that an engineer retained as an expert witness for a man injured when a skid-steer loader tipped over did not meet the reliability standards set in Daubert v. Merrell Dow Pharmaceuticals Inc., the Seventh Circuit U.S. Court of Appeals ruled March 25, also affirming summary judgment for the manufacturer.

  • March 26, 2021

    Judge: Expert Testimony ‘Not Worthy’ For Summary Judgment In Water Pollution Case

    WEST PALM BEACH, Fla. — A federal judge in Florida on March 25 denied a motion for summary judgment as to liability filed by residents who sued United Technologies Corp. for groundwater contamination, ruling that the plaintiffs relied on expert testimony that was “not worthy of being credited” with regard to a decision on summary judgment.

  • March 26, 2021

    Judge Denies Exclusion Of Plaintiff Experts In Suboxone Antitrust Case

    PHILADELPHIA — A Pennsylvania federal judge on Feb. 19 denied motions by two defendants in the Suboxone antitrust multidistrict litigation to exclude state plaintiff experts, suggesting that counsel “should more carefully consider the difference between pressing a true Daubert challenge and alternative forms of advocacy used to contest an expert opinion through either traditional trial objection, a counter expert’s opinion, or cross-examination.”

  • March 25, 2021

    Judge Admits, Limits Untimely Expert, Strikes Unqualified Asbestos Testimony

    SAN FRANCISCO — A federal judge in California rejected on March 19 the “transparent gamesmanship” in an attempt at excluding an expert report rendered untimely by mutual error, saying that a widow could rely on it only to the extent it is offered as rebuttal causation testimony.  In a March 23 opinion, the judge excluded a pulmonologist’s testimony on the state of the art and her opinion about whether asbestos exposure from steam traps caused a man’s death.

  • March 17, 2021

    7th Circuit Finds Nurse Did Not Offer Expert Testimony, New Trial Not Needed

    CHICAGO — A district court did not err in denying a new trial for an inmate suing correction officers for violating his rights because a nurse’s testimony during trial did not constitute expert testimony and the inmate was not entitled to challenge her opinions under Daubert v. Merrell Dow Pharmaceuticals, Inc., the Seventh Circuit U.S. Court of Appeals ruled March 15.

  • March 17, 2021

    Federal Judge Excludes Former Employee’s Expert Report In Suit Over No-Poach Clause

    EAST ST. LOUIS, Ill. — On Feb. 24, the parties in a proposed class action over a sandwich chain franchisor’s contractual no-poach agreement filed a redacted version of an Illinois federal judge’s sealed decision to exclude a former employee’s expert report as methodologically flawed and admit two expert reports for the franchisor.

  • March 16, 2021

    Utah Federal Judge Grants Motions To Exclude Tire Expert In Motorcycle Crash Suit

    ST. GEORGE, Utah — The causation opinions offered by a tire expert in a fatal motorcycle accident suit are “not the fruit of a rigorous, objectively verifiable approach,” a federal judge in Utah ruled March 10, finding the conclusions to be “unsupported speculation” and unreliable under Daubert v. Merrell Dow Pharmaceuticals Inc. and granting motions to exclude.

  • March 16, 2021

    Embryo Tank Manufacturer Loses Bid To Bar Experts On Cause, Emotional Distress

    SAN FRANCISCO — A federal magistrate judge in California on March 5 denied a cryopreservation tank manufacturer’s efforts to exclude expert witnesses in a case brought by clients of a fertility center after their embryos or eggs were destroyed, finding that all three experts were qualified under Daubert v. Merrell Dow Pharmaceuticals Inc. and the company’s reasons for exclusion are better addressed through cross-examination.

  • March 16, 2021

    Federal Judge Again Says Doctor Can Testify, Rejects Reconsideration Motion

    NEW ORLEANS — A Louisiana federal judge on March 10 rejected the United States’ request to reconsider her denial of a motion to exclude an expert in a medical malpractice suit, dismissing the government’s arguments that his testimony during a deposition merits exclusion based on state law.

  • March 16, 2021

    Louisiana Federal Judge Limits Testimony In Slip-And-Fall Case

    NEW ORLEANS — A Louisiana federal judge on March 4 granted in part and denied in part a man’s motion to exclude expert testimony from an orthopedic surgeon, finding that while he is qualified to opine on treatment and medical history, opinions on what caused the man to fall are beyond the scope of his expertise.

  • March 16, 2021

    4th Circuit Upholds Jury’s $114M Judgment Over Kickbacks For Blood Testing

    RICHMOND, Va.  — The Fourth Circuit U.S. Court of Appeals on Feb. 22 affirmed a jury’s $114 million judgment against a blood-testing clinic owner and two salesmen for violating the Anti-Kickback Statute (AKS) and False Claims Act (FCA) for engaging in a scheme involving the submission of bills to Medicare and other government insurers for blood tests that were performed because physicians were offered kickbacks from the clinic and salesmen.

  • March 15, 2021

    Judge Won’t Reconsider Frye Genetic Test Ruling In Asbestos-Talc Case

    CHICAGO — A motion seeking reconsideration of a ruling denying genetic testing of a woman suffering from mesothelioma allegedly caused by asbestos in talc was denied by an Illinois judge on March 12 during a hearing, sources told Mealey Publications.

  • March 15, 2021

    Judge Adopts Magistrate’s Report Limiting Testimony In ADA Discrimination Case

    ANN ARBOR, Mich. — A federal judge in Michigan on March 11 adopted the report and recommendation of a magistrate judge that allowed a Ford Motor Co. employee’s expert witness to opine on an employee’s medical needs and what sort of accommodation under the Americans with Disabilities Act (ADA) might be appropriate but barred testimony that Ford will be able to accommodate his disability.

  • March 15, 2021

    Federal Judge Bars Experts On Damages For Women’s Images Used To Promote Strip Club

    DENVER — A Colorado federal judge on March 2 granted a gentlemen’s club’s motions to exclude two expert witnesses who would testify on how to compensate women who were used to promote the establishment without their permission, finding that the methodology the experts relied upon was flawed.

  • March 09, 2021

    Expert Witnesses In Police Shooting Case Properly Excluded, 11th Circuit Says

    ATLANTA — The 11th Circuit U.S. Court of Appeals on March 5 affirmed summary judgment for a police officer sued in connection with a fatal shooting, finding that his use of force was proper, and agreed that a lower court correctly excluded proposed testimony from experts for not meeting the helpful and reliable standards set in Daubert v. Merrell Dow Pharmaceuticals Inc.

  • March 09, 2021

    Trial Court Erred Twice In Excluding Expert Witness, Nebraska Supreme Court Says

    LINCOLN, Neb. — The Nebraska Supreme Court on March 5 found that after an appeals court “conclusively settled” that an expert’s testimony was admissible in a medical malpractice case, the trial court should not have entertained renewed objections to the testimony on remand, reversing the grant of summary judgment and remanding the case for a second time.

  • March 09, 2021

    Judge Won’t Reconsider Expert, Asbestos Settlement Exclusion Rulings

    NEW ORLEANS — A court properly excluded testimony regarding the dangers of tobacco use because defendants in an asbestos case presented nothing supporting the expert’s methodology, and the parties’ agreement makes reconsidering a ruling on the applicability of settlement documents unnecessary, a federal judge in Louisiana said March 4 in denying two motions.

  • March 08, 2021

    Federal Judge Denies Dueling Motions To Exclude Expert Witnesses In Injury Case

    SAN FRANCISCO — A federal magistrate judge in California on Feb. 24 denied both parties’ motions to exclude expert witnesses in a case debating who is responsible for injuries incurred by a child when a French press coffeemaker glass beaker shattered but granted partial summary judgment to the manufacturer on some claims.

  • March 08, 2021

    Judge Allows Gunshot Residue Testimony In Suit Against Chicago Police Officer

    CHICAGO — An expert with 40 years’ experience in firearms, ballistics and police shootings may testify in a lawsuit stemming from a fatal police shooting, an Illinois federal judge ruled Feb. 25, rejecting arguments from the officer involved that he was unqualified under Daubert v. Merrell Dow Pharmaceuticals Inc.

  • March 05, 2021

    GM Experts In Alleged Faulty Fuel Line Suit May Testify; Daubert Motion Fails

    CHARLESTON, S.C. — A South Carolina federal judge on Feb. 22 rejected efforts to exclude experts for General Motors LLC in a suit in which a family claims that they were burned in a vehicle fire caused by a faulty fuel line, finding that the plaintiffs failed to prove that the experts formed their opinions based on unreliable methodologies.

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