Mealey's Daubert

  • August 31, 2021

    Louisiana Federal Judge Allows Collision, Impact Expert In Truck Crash Dispute

    BATON ROUGE, La. — A federal judge in Louisiana on Aug. 26 denied a motion to exclude an expert retained by a man injured in a collision with a truck, finding that the argument that he failed to meet admissibility standards under Daubert v. Merrell Dow Pharmaceuticals Inc. “borders on the frivolous.”

  • August 30, 2021

    Insureds Seek To Bar Expert Testimony In Insurance Fraud Dispute

    CAMDEN, N.J. — An expert’s testimony as to an insured’s prior fire loss history in a homeowners insurance dispute stemming from an insurer’s handling of the insureds’ claim for fire losses should be barred because the expert has failed to show that prior home fires were the product of arson, the insureds argue in a reply brief filed Aug. 27 in New Jersey federal court.

  • August 27, 2021

    Judge Refuses To Exclude Plaintiffs’ Expert In Wrongful Death Chemical Injury Case

    TOLEDO, Ohio — A federal judge in Ohio on Aug. 25 denied a railway company’s motions to exclude a plaintiffs’ expert in a wrongful death case and denied its motion for summary judgment dismissal, ruling that the expert’s opinions are not unreliable.

  • August 19, 2021

    Former Employers’ Motion To Exclude Expert Fails In Idaho Federal Court

    POCATELLO, Idaho — A man’s former employer lost its bid to exclude an expert in a wrongful termination suit because the expert’s report met the requirements of Federal Rule of Civil Procedure 26(a)(2)(B) and speculative language is not grounds for exclusion, a federal judge in Idaho ruled Aug. 16.

  • August 19, 2021

    8th Circuit:  District Court Properly Limited Substitute Expert’s Testimony

    ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Aug. 13 found that a lower court did not abuse its discretion in limiting testimony from an expert and affirmed its decision to grant summary judgment to correctional officers and medical staff in a negligence lawsuit filed by a former inmate.

  • August 19, 2021

    Costing Expert’s Testimony OK’d By Federal Judge In Insurance Benefits Disputed

    ALBUQUERQUE, N.M. — An insurance company on Aug. 5 failed in its bid to exclude a “costing expert” in an insurance benefits recovery suit when a New Mexico federal judge found that the expert meets the qualifications set under Daubert v. Merrell Dow Pharmaceuticals Inc. and that the insurer’s objections can be resolved through cross-examination.

  • August 18, 2021

    S.C. Federal Judge Rejects Effort To Bar Expert Based On Reliability Of Data

    CHARLESTON, S.C. — A South Carolina federal judge on Aug. 9 ruled that arguments that an expert in a breach of fiduciary duty suit relied on inaccurate data in forming his conclusions on an estate’s lost income can be resolved through cross-examination, denying a motion to exclude him from testifying.

  • August 17, 2021

    Indiana Federal Judge Grants Motion To Exclude Based On Unreliable Methodology

    SOUTH BEND, Ind. — A federal judge in Indiana on Aug. 13 found that an expert did not reach his conclusions on the potential earnings for a man killed in an accident on reliable methodology, granting a motion to exclude under Daubert v. Merrell Dow Pharmaceuticals Inc.

  • August 16, 2021

    8th Circuit Reverses Summary Judgment Affecting 5,845 Bair Hugger MDL Cases

    ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Aug. 16 reversed summary judgment for 5,845 cases in the Bair Hugger multidistrict litigation, finding that a district court judge erred in excluding the plaintiff’s general causation medical experts’ opinions.

  • August 16, 2021

    Alaska Federal Judge Partially Grants Motion To Exclude Expert In Air Crash Suit

    ANCHORAGE, Alaska — A federal judge in Alaska on Aug. 4 limited the testimony of an expert in an aircraft crash lawsuit, ruling that his testimony based on studies is permissible but he cannot speculate on the actions of the pilot on the day of the accident.

  • August 13, 2021

    Pennsylvania Panel Affirms Verdict, Finds No Error On Expert Witness Rulings

    HARRISBURG, Pa. — A trial court did not err in ruling that certain defendants could not be liable for a woman’s death in a nursing home and did not abuse its discretion in limiting the testimony of expert witnesses, the Pennsylvania Superior Court ruled Aug. 6, affirming a judgment that found the nursing home solely liable in a negligence case.

  • August 12, 2021

    Indiana Magistrate Judge Finds 1 Expert’s Conclusions Unreliable, Excludes Another

    INDIANAPOLIS — An expert retained in a Fair Housing Act lawsuit cannot testify on conclusions he reached based on a confidential settlement agreement, a federal magistrate judge in Indiana ruled Aug. 9; the magistrate judge also excluded a second retained witness for failing to timely submit an expert report.

  • August 10, 2021

    Magistrate Limits Testimony In Use Of Force Case Against Prison Officials

    HARRISBURG, Pa. — Testimony by an expert retained by correction officers accused of using excessive force who opines that the inmate did not suffer a beating “invade[s] the province of the jury,” a Pennsylvania federal magistrate judge said Aug. 3, ruling that he may not opine on that issue but otherwise allowing his testimony.

  • August 10, 2021

    Federal Judge OKs Experts In Ex-Inmate’s Case Alleging Inadequate Medical Care

    BENTON, Ill. — Dueling motions to exclude experts both fail in a lawsuit filed in an Illinois federal court alleging inadequate medical care in a prison, a judge said Aug. 2, finding that two defendants in the case can testify as nonretained experts and that the former inmate’s medical experts based their opinions on reliable data.

  • August 05, 2021

    Federal Magistrate:  Expert On Tripping Hazard In Walmart Parking Lot Is Out

    WAYCROSS, Ga. — A Georgia federal judge on July 22 granted Walmart’s motion to exclude an expert retained by a woman alleging that she was injured when she fell in a parking lot, finding that the expert failed to meet the admissibility standards set in Daubert v. Merrell Dow Pharmaceuticals Inc. in reaching his conclusions that the store did not properly maintain or inspect its shopping cart corrals.

  • August 05, 2021

    New Mexico Federal Judge Allows Expert In Car Crash Suit Alleging Tire Defect

    ALBUQUERQUE, N.M. — An expert retained to opine on tread-belt separation in a lawsuit against a tire manufacturer is qualified to testify, a New Mexico federal judge ruled July 27, rejecting the company’s motion to exclude.

  • August 05, 2021

    Life Care Planner Expert Allowed To Testify On Future Care, Costs, Judge Says

    LAFAYETTE, La. — A Louisiana federal judge on July 26 denied an insurer’s motion to exclude testimony from a life care planner expert in a car accident suit, rejecting arguments that he should be barred from testifying because he is not the treating physician.

  • August 05, 2021

    Judge Excludes Debt Collection Expert For Failing To Meet Daubert Standards

    KANSAS CITY, Kan. — An expert retained by a debt collector to opine on whether a company violated the Fair Debt Collections Practices Act (FDCPA) failed to show that he based his conclusions on reliable methodology, a Kansas federal judge ruled July 26, granting a motion to exclude.

  • July 26, 2021

    Domino’s Ordered To Make Its Website Accessible For Blind Patrons

    LOS ANGELES — Domino’s Pizza LLC is required to bring its website into compliance with federal accessibility guidelines, a California federal judge ruled in a June 23 in chambers order, granting partial summary judgment to a blind man who sued the pizza chain for violating the Americans with Disabilities Act (ADA.)

  • July 21, 2021

    Judge Allows 1 Expert On Valuation Of Destroyed Equipment, Excludes Another

    LEXINGTON, Ky. — A Kentucky federal judge on July 13 granted one motion to exclude an expert retained to value the replacement cost of a piece of equipment destroyed during an accident at a construction site, finding that he didn’t base his conclusions on reliable methodology, but allowed another to testify after finding that his conclusions were reliable.

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