Mealey's Daubert

  • December 18, 2020

    Wisconsin Court:  No Error In Expert Testimony Denial In Home Purchase Dispute

    MADISON, Wis. — A Wisconsin appeals panel on Dec. 3 found no error in a lower court’s decision to exclude the expert witnesses proposed by a couple who sued the previous owners of their home and also declined to rule that the Daubert standard used by the court was too stringent (Christian and Kristin Fleming v. Rodger and Ninette Neitzell, et al., No. 2020AP125, Wis. App., 4th Dist., 2020 Wisc. App. LEXIS 571).

  • December 17, 2020

    Firefighter’s Expert’s Testimony Is Limited In Suit Against Philadelphia

    PHILADELPHIA — A federal magistrate judge in Pennsylvania on Dec. 15 limited the testimony of an expert for a Philadelphia firefighter in his suit against the city, finding that the expert is barred from concluding that city officials violated the Health Insurance Portability and Accountability Act by sharing his medical records.

  • December 16, 2020

    Louisiana Federal Judge Finds Expert’s Methodology Unreliable In Robo-Call Suit

    BATON ROUGE, La. — A federal judge in Louisiana on Nov. 30 granted a company’s motion to exclude expert testimony in a proposed robo-call class action, finding that the methodology used to identify potential class members was unreliable (Taylor Carroll v. SGS Automotive Services Inc., No. 16-537, M.D. La., 2020 U.S. Dist. LEXIS 223676).

  • December 16, 2020

    Florida Federal Judge Limits Testimony In Insurance Billing Dispute

    TAMPA, Fla. — A Florida federal judge on Dec. 11 ruled that an expert may testify generally about personal injury protection insurance and the industry’s medical billing standards but cannot testify that a hospital violated the law (David Day v. Sarasota Doctors Hospital Inc., No, 19-1522, M.D. Fla., 2020 U.S. Dist. LEXIS 233154).

  • December 15, 2020

    5th Circuit Affirms Expert Admission, Damages Of $3.25M In Asbestos Case

    NEW ORLEANS — A trial featured sufficient evidence that a defendant should have known that a man’s exposure to asbestos was harmful, even if it didn’t know mesothelioma would be the exact outcome, and the trial court did not err in admitting an expert’s fiber drift opinion or in awarding damages, a Fifth Circuit U.S. Court of Appeals panel said Dec. 14 (Theresa G. Adams, et al. v. Ethyl Corp., et al., No. 20-30209, Theresa Adams, et al. v. Ethyl Corp., et al., No. 20-30242, 5th Cir.).

  • December 14, 2020

    Magistrate Limits Some Testimony, Allows Other In Tractor-Trailer Crash Suit

    SAN ANTONIO —  A Texas federal magistrate judge on Dec. 10 delivered a mixed order for a defendant in a car crash suit involving a tractor-trailer, denying two motions to exclude testimony of experts but agreeing to limit another’s expert’s testimony (Chris Marchlewicz v. Brothers Xpress, et al., No. 19-00996, W.D. Texas, 2020 U.S. Dist. LEXIS 232865).

  • December 14, 2020

    Louisiana Federal Judge Limits Testimony Of Accident Reconstruction Expert

    NEW ORLEANS — An accident reconstruction expert witness retained by a defendant in a car crash lawsuit may testify on topics such as motorcycle speed at impact but is barred from offering testimony based on eye-witness accounts that claim to have seen a speeding motorcycle before the accident, a federal judge in Louisiana ruled Dec. 11 (Melissa Rivera, et al. v. Jennifer Robinson, et al., No. 18-14005, E.D. La., 2020 U.S. Dist. LEXIS 233099).

  • December 14, 2020

    Probable Cause, Excessive Force Determination Is Up To Jury, Magistrate Rules

    BATON ROUGE, La. — A Louisiana federal magistrate judge on Nov. 30 ruled that a police department’s proposed expert is barred from testifying that probable cause existed when police arrested a man protesting in the wake of a police-involved shooting, also finding that the expert can’t speak to the reasonableness of force used during the arrest (Travis Day v. Baton Rouge City Police, et al., No. 17-328, M.D. La., 2020 U.S. Dist. LEXIS 223670).

  • December 11, 2020

    Murder Conviction Stands; Florida Appeals Court Says Daubert Standard Was Applied

    WEST PALM BEACH, Fla. — A Florida appeals court on Dec. 9 upheld a man’s murder conviction and other charges, finding that the expert testimony from a detective on cell phone records and mapping met the standards set by Daubert v. Merrell Dow Pharmaceuticals Inc. (Samuel M. Walker v. Florida, No. 4D19-3289, Fla. App., 4th Dist., 2020 Fla. App. LEXIS 17529).

  • December 11, 2020

    Unlicensed Engineer Deemed Competent To Provide Expert Testimony In Defects Suit

    EASTERN HATTIESBURG, Miss. — A federal judge in Mississippi on Dec. 9 denied a masonry subcontractor’s motion to exclude the expert testimony of an unlicensed structural engineer regarding alleged defects in the construction of an apartment complex, finding that she is competent to testify and that the Mississippi Engineering Practices Act (MEPA) does not govern the competency of witnesses.

  • December 10, 2020

    2nd Circuit Affirms Experts’ Exclusion, Summary Judgment In Mirena IUD MDL

    NEW YORK — The Second Circuit U.S. Court of Appeals on Dec. 8 affirmed the exclusion of all seven plaintiff general causation experts from a Mirena intrauterine device (IUD) multidistrict litigation that resulted in summary judgment against hundreds of plaintiffs (In Re:  Mirena IUS Levonorgestrel-Related Products Liability Litigation [No. II], No. 19-2155, 2nd Cir., 2020 U.S. App. LEXIS 38161).

  • December 09, 2020

    Magistrate Says Expert Witness Can Testify That Doctor Committed Insurance Fraud

    MIAMI — After questioning a doctor’s “decision to cherry-pick portions of cases to support” his arguments that an insurance company’s expert witness should be prohibited from testifying in an insurance fraud case, a Florida federal magistrate judge on Dec. 1 denied his motion to strike (GEICO v. Luis Lopez Mas, et al., No. 19-21183, S.D. Fla., 2020 U.S. Dist. LEXIS 224248).

  • December 09, 2020

    Frye Genetic Test Hearing Kicks Off In Illinois Mesothelioma Case

    CHICAGO — Genes alone cause up to 10 percent of all cancers, and a women’s medical history suggests an inherited cause of her mesothelioma, mandating full genetic testing, an asbestos defendant told an Illinois judge at the start of a Dec. 9 Frye hearing.  But the plaintiff argued that the blood test is invasive and that testing the woman’s entire genetic line was a fishing expedition in light of the well-known role a single gene — BAP-1 — can play (Cynthia B. Cowger v. Qualitex Co., No. 2018-L-012099, Ill. Cir., Cook Co.).

  • December 07, 2020

    Judge OKs Expert Testimony In Row Over Unauthorized Photos On Social Media

    PHOENIX — An Arizona federal judge on Dec. 3 denied three motions to strike expert testimony in a dispute involving seven women who claim that a nightclub used their images without consent on its social media accounts (Dessie Mitcheson, et al. v. El Antro LLC, No. 19-01598, D. Ariz., 2020 U.S. Dist. LEXIS 226473).

  • December 05, 2020

    Data Center Company Loses Bid To Exclude Experts’ Testimony In Anti-Competition Row

    LAS VEGAS — In five orders released on Nov. 18, a Nevada federal judge largely denied efforts by a failed colocation data center to exclude a competitor’s expert witnesses in a dispute over whether the competitor unfairly squeezed the fledgling company out of the market space (V5 Technologies LLC, d/b/a Cobalt Data Centers v. Switch Ltd., No. 17-02349, D. Nev., 2020 U.S. Dist. LEXIS 216848).

  • December 05, 2020

    Community Standard Of Care Element Not Met in Idaho Malpractice Suit, Court Says

    BOISE, Idaho — The Idaho Supreme Court on Oct. 23 affirmed a lower court’s decision to exclude a woman’s out-of-area expert witnesses in a medical malpractice suit, finding that she failed to present admissible evidence on the community standard of care (David and Margaret Fisk v. Jeffrey D. McDonald, M.D., et al., No. 46639, Idaho Sup., 2020 Ida. LEXIS 210).

  • December 02, 2020

    4 Asbestos Experts Admitted Over Shipyard’s Daubert Objections

    SEATTLE — Four experts’ opinions on industrial hygiene, exposure and causation rest on sufficiently supported evidence of conditions aboard Navy ships and expertise on the various topics, a federal judge in Washington said Nov. 30 in denying a shipyard’s efforts at excluding them under Daubert v. Merrell Dow Pharm., Inc. (Charlotte Wineland, et al. v. Air & Liquid Systems Corp., et al., No. 19-793, W.D. Wash., 2020 U.S. Dist. LEXIS 222578).

  • November 25, 2020

    1 Expert Allowed, Another Denied In Cruise Ship Slip-And-Fall Dispute

    MIAMI — In a Nov. 23 order by a Florida federal judge, a woman who claimed an injury after a slip and fall on a cruise ship lost her bid to exclude the company’s expert witness and saw her own expert barred from testifying (Mindy Easterwood v. Carnival Corp., No. 19-22932, S.D. Fla., 2020 U.S. Dist. LEXIS 218528).

  • November 25, 2020

    Orthopedic Surgeon Can Opine On Ability To Return To Work, Judge Says

    NEW ORLEANS — A seaman’s treating orthopedic surgeon can testify on his functional capacity to return to work, a federal judge in Louisiana ruled Nov. 20 in a maritime slip-and-fall suit (Harold Tillage v. Westbank Fishing LLC, No. 19-10858, E.D. La., 2020 U.S. Dist. LEXIS 217321).

  • November 23, 2020

    Defense Verdict Vacated By Missouri Appeals Court In Suit Over Baby’s Brain Injury

    KANSAS CITY, Mo. — A trial court erred in admitting a neonatologist’s alternative causation testimony because he testified that he did not have an opinion based on a reasonable degree of medical certainty about the cause of an infant’s brain injury, a Missouri appeals court concluded Nov. 10, vacating a defense verdict and remanding for a new trial (Nicholas Linton, et al. v. Amy S. Carter, et al., No. WD82637, Mo. App., 2020 Mo. App. LEXIS 1402).

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