Mealey's Daubert

  • August 15, 2022

    1 Expert In, 1 Expert Out In Suit Alleging Faulty Safety Lifeline Led To Death

    SEATTLE — An expert retained to opine on the level of pain a man may have felt after he fell 35 feet when his safety lifeline failed may testify, a Washington federal judge ruled Aug. 12, but an expert testifying on the adequacy of the safety warnings is excluded for offering unhelpful and unreliable testimony under Daubert v. Merrell Dow Pharmaceuticals Inc.

  • August 12, 2022

    Pa. Federal Judge Rejects Effort To Exclude Expert On What Caused House Fire

    PHILADELPHIA — A Pennsylvania federal judge on Aug. 10 denied a manufacturer’s motion to exclude an expert witness who opines that a faulty aquarium pump motor caused a house fire, finding that he based his methodology on accepted industry standards and is qualified to testify.

  • August 11, 2022

    Expert Testimony Properly Excluded In Discriminatory Lending Suit, Banks Argue

    CHICAGO — A federal district court properly excluded testimony on behalf of Cook County, Ill., by two experts the county sought to use to prove that Bank of America Corp. and other banks engaged in a massive discriminatory and predatory lending scheme against minority borrowers in violation of the Fair Housing Act of 1968 (FHA) because neither expert’s testimony was reliable under the framework set forth in Daubert v. Merrell Dow Pharmaceuticals Inc., the banks argue in an Aug. 2 appellee brief filed in the Seventh Circuit U.S. Court of Appeals.

  • August 11, 2022

    Vermont Federal Judge Limits Expert Testimony, Excludes Legal Conclusions

    BURLINGTON, Vt. — A Vermont federal judge on Aug. 4 agreed to limit the testimony of a police practices expert retained by municipal defendants sued by a man who alleges that he was unlawfully detained by two police officers who were called because Old Navy employees suspected that he was shoplifting based on behavior caused by his disability.

  • August 11, 2022

    Correctional Officers Lose Bid To Exclude Expert In Negligent Care Of Inmate Case

    NORFOLK, Va. — A Virginia federal magistrate judge on Aug. 4 denied a motion to exclude an expert retained to testify on the standard of care required for correctional officers in a negligence case alleging that the officers failed to recognize an inmate’s need of medical attention, which led to his death.

  • August 09, 2022

    Federal Appeals Court Affirms Conviction, Finds No Error In Daubert Rulings

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on Aug. 5 affirmed a man’s criminal conviction, rejecting his claim that the district court judge erred in denying his motion to exclude expert testimony for failing to meet standards set under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals Inc.

  • August 08, 2022

    Judge Limits Some Experts In Case Alleging Inadequate Concussion Policies

    CHICAGO — An Illinois federal judge on July 27 ruled on several motions to exclude expert witnesses filed by the National Collegiate Athletic Association (NCAA) and two former collegiate athletes who allege that the association failed to implement adequate concussion policies, which led the two to suffer injuries.

  • August 05, 2022

    Home Depot Loses Challenge To Fully Exclude Expert In Defective Ladder Case

    PHOENIX — An expert hired to opine on whether a fatal accident with a ladder was caused by a design defect may not offer legal conclusions but is otherwise qualified to testify, an Arizona federal judge said Aug. 2 in partially granting and partially denying a motion to exclude.

  • August 01, 2022

    Expert Witnesses Barred In Policy Coverage Dispute; Insurer Wins Summary Judgment

    HOUSTON — A Texas federal judge on July 28 granted summary judgment in a bad faith case to an insurance company facing charges that it wrongfully denied a claim for damage to a garage allegedly caused by an explosion after it partially granted its motion to exclude two of the homeowner’s expert witnesses.

  • July 29, 2022

    Expert Admitted In Case Alleging Injury Caused By Ejected Truck Battery

    AUSTIN, Texas — In a July 25 order denying a motion to exclude, a Texas federal magistrate judge was unpersuaded by Ford Motor Co.’s efforts to prevent an expert from testifying on how alleged design defects in a truck battery’s restraint system allowed the battery to eject from a vehicle and crash through a woman’s windshield during a traffic accident.

  • July 29, 2022

    Federal Judge Partially Grants, Denies Motion To Limit Testimony In Injury Case

    TAMPA, Fla. — A radiologist retained by Walmart in a slip-and-fall case in a Florida federal court must limit his testimony “to his radiologic interpretation” of images he reviewed, a judge ruled July 22, partially granting a woman’s motion in limine to limit his testimony.

  • July 28, 2022

    Expert’s Proposed Testimony Trimmed By Florida Federal Judge In Injury Case

    MIAMI — A Florida federal judge on July 21 agreed to limit testimony from an expert witness retained by a woman who claims that she was injured after slipping on a Carnival cruise ship’s deck after finding that portions of his testimony are inadmissible under Daubert v. Merrell Dow Pharmaceuticals Inc.

  • July 26, 2022

    Judge Grants Motion To Respond In Asbestos Suit Against Insurer, Manufacturer

    NEW ORLEANS — After plaintiffs in an asbestos lung cancer suit moved to respond to an asbestos product manufacturer’s motion in limine and motion to exclude alleged “flawed data” in a suit against insolvent insurers, companies they insured and other related defendants, asserting that the manufacturer’s purported motion to exclude “only a portion of a written document” violates the Federal Rules of Evidence, a Louisiana federal judge on July 22 granted the plaintiffs’ motion.

  • July 21, 2022

    Panel Says Lead Paint Case Properly Dismissed Based On ‘Thin’ Evidence

    ANNAPOLIS, Md. — A panel of the Maryland Court of Special Appeals on July 8 ruled that a trial court did not abuse its discretion in dismissing a lead paint poisoning lawsuit because the plaintiff’s expert witness was properly excluded and the remaining evidence to support her claims was “thin.”

  • July 21, 2022

    Kidnapping Conviction Upheld; Panel Finds No Error In Expert Testimony Admission

    CHICAGO — The Seventh Circuit U.S. Court of Appeals on July 20 affirmed a man’s 38-year sentence for kidnapping and the trial court’s order that he pay $87,770 in restitution for the girl’s future psychotherapy needs, rejecting all six of the man’s arguments that the trial court erred, including his argument that the court improperly admitted three expert witnesses.

  • July 18, 2022

    Judge Excludes Expert Hired To Counter Evidence Of Self-Inflicted Gunshot

    HARRISONBURG, Va. — A former police officer lacks the relevant experience and qualifications to opine on the trajectory of a gunshot wound or opine on whether it was self-inflicted, a Virginia federal judge ruled July 15 in granting a police officer’s motion to exclude in a wrongful death case.

  • July 18, 2022

    Chipotle Wins Bid To Exclude Forensic Medicine Expert In Contaminated Food Case

    SAVANNAH, Ga. — An expert retained by a woman who claims that tainted food at a Chipotle restaurant caused her to suffer gastrointestinal symptoms and a skin infection cannot testify, a Georgia federal magistrate judge ruled July 12 in granting a motion to exclude, for failing to adequately consider alternative causes for her symptoms.

  • July 12, 2022

    Plaintiff: Expert Testimony Sufficient, Ford’s Challenges Waived

    GREENSBORO, N.C. — Ford Motor Co.’s single sentence about expert causation in a footnote failed to preserve the issue, and in a “strange contradiction” Ford challenges an opinion the company itself says the experts do not hold all while ignoring that the court found the testimony only one part of the case for denying summary judgment, plaintiffs told a federal judge in North Carolina June 28 in opposing reconsideration.

  • July 08, 2022

    Expert In Wrongful Termination Suit Allowed, But Federal Judge Limits Testimony

    PHILADELPHIA — A federal judge in Pennsylvania on July 6 agreed to limit testimony from an expert retained by a man who alleges that he was fired from a university after blowing the whistle on discrimination and improper spending but ruled that the expert is qualified and the rest of her testimony is relevant and reliable under Daubert v. Merrell Dow Pharmaceuticals Inc.

  • July 08, 2022

    BMW Loses Bid To Exclude Expert Witness In Defective Engine Dispute

    ST. LOUIS — Citing cases in which federal judges have allowed an expert to testify about allegations of similar defects in BMW engines, a Missouri federal judge on June 29 denied the automaker’s motion to exclude an expert who will opine on a vehicle’s excessive oil consumption (Kerry Loy and Frank Blumeyer v. BMW of North America, LLC, No. 19-184, E.D. Mo., 2022 U.S. Dist. LEXIS 114585).