Mealey's Daubert

  • September 23, 2024

    Federal Florida Magistrate Recommends Allowing Doctor To Testify In Injury Suit

    MIAMI — A federal magistrate judge in Florida recommended that a motion to exclude testimony from a woman’s treating physician be denied in a personal injury suit filed against Carnival Corp. for an injury sustained on a cruise ship.

  • September 23, 2024

    Arizona Federal Judge Limits Testimony In Firefighter’s Discrimination Case

    PHOENIX — An expert retained in an age discrimination and retaliation case can testify on the new fitness requirements for firefighters but cannot offer expert opinions on statements that are understood by an average juror, an Arizona federal judge ruled, also finding that the man suing for discrimination can have his expert testify on his economic damages.

  • September 20, 2024

    Testimony Properly Admitted In Trial Against Alleged Terrorist, 2nd Circuit Says

    NEW YORK — The Second Circuit U.S. Court of Appeals found no error in a district court allowing expert testimony in a criminal case for a man accused of attempting to fight for the Taliban to kill Americans abroad and recruiting others to join his cause and affirmed his conviction.

  • September 19, 2024

    Pa. Court Rejects Expert, Causation Challenges After $3.3M Asbestos Verdict

    HARRISBURG, Pa. — A Pennsylvania appellate court found no fault with a trial judge’s conclusion about expert testimony on causation and duty or in allowing an asbestos suit against an employer that ended in a bench trial and more than $3.3 million verdict, but said that the trial judge erred in reducing delay damages for various issues in the case, including a prolonged stay that corresponded with the coronavirus pandemic.

  • September 19, 2024

    Parties Ask Court For Summary Judgment In Defective Birth Control Device Case

    CHICAGO — A woman who claims that she was injured by a defective birth control device and the manufacturer, distributor and parent company of that device filed competing motions seeking to exclude experts and asking for summary judgment in an Illinois federal court.

  • September 19, 2024

    Va. Federal Judge: Lost Profits Expert Can Testify In Suit Alleging Defamation

    RICHMOND, Va. — An expert retained to opine on an insurance claim adjustment company’s economic loss after allegedly defaming statements were made to its customers by an online payment company can testify, a Virginia federal judge ruled.

  • September 18, 2024

    Kansas Appeals Court Finds Expert Opining On Birds’ Deaths Properly Excluded

    TOPEKA, Kan. — A Kansas appeals court found no error in a trial court in awarding summary judgment to an animal feed company after excluding experts retained by a farm that alleged that defective feed caused the death of almost 25,000 birds.

  • September 13, 2024

    Summary Judgment Bid Largely Fails In ERISA Class Row Over Proprietary Funds

    BOSTON — A Massachusetts federal judge has mostly denied summary judgment in an Employee Retirement Income Security Act class action challenging the selection and retention of proprietary funds, also denying the defendants’ requests to partly exclude the opinions and exhibits of two of the plaintiffs’ experts.

  • September 13, 2024

    Magistrate Recommends Granting 2 Motions To Exclude Experts For Rule 26 Violations

    LAS CRUCES, N.M. — A federal magistrate judge in New Mexico recommended that two experts retained by a man alleging that he was injured in a police shootout be barred from testifying for failing to timely explain how the experts reached their conclusions.

  • September 12, 2024

    Experts In College Admission Case Challenging Racial Preferences Can Testify

    BALTIMORE — Experts retained by an organization that alleges that the U.S. Naval Academy unconstitutionally considers race as a factor in admissions can testify after a federal judge in Maryland largely denied a motion to exclude.

  • September 11, 2024

    5th Circuit Affirms Win For BP In Deepwater Injury Case; Expert Properly Excluded

    NEW ORLEANS — A lower court did not err in excluding a man’s causation expert in a Deepwater Horizon oil spill injury case, the Fifth Circuit U.S. Court of Appeals ruled, affirming a summary judgment award in favor of BP Exploration & Production Inc. and its affiliates.

  • September 10, 2024

    Judge Allows Experts’ Opinions On LLMs In Alexa Patent Case

    RICHMOND, Va. — An expert’s opinions on the availability of large language models (LLMs) when Amazon.com first released its Alexa assistant product are admissible, a federal judge in Virginia said in denying three motions to exclude under Daubert in a patent infringement lawsuit.

  • September 10, 2024

    Judge: Experts Can Testify For Woman Who Alleges She Was Sold Defective Horse

    ORLANDO, Fla. — A Florida federal judge ruled that testimony from an expert retained by a woman who alleges that sellers of a horse misrepresented the animal’s medical condition, causing the woman to pay more than what the horse is worth, is mostly admissible.

  • September 09, 2024

    Georgia Defendants: Court Erred In Allowing Expert’s Cumulative Exposure Opinion

    ATLANTA — A trial court improperly admitted expert testimony that cumulative exposures to asbestos increased a man’s risk of mesothelioma, ignored other testimony indicating that the man’s employers could have learned of the risks and then denied summary judgment despite the lack of admissible causation evidence, premises owners tell the Georgia Court of Appeals.

  • September 06, 2024

    Magistrate Judge Allows Rebuttal Witness, 2nd Report In COVID-19 Class Suit

    EUGENE, Ore. — An Oregon federal magistrate judge on Sept. 5 ruled that a rebuttal witness on ventilation systems can testify for state officials facing a class action from a group of inmates in Oregon prison who allege that they were subjected to cruel and unusual punishment when state officials failed to protect them from heightened exposure to COVID-19.

  • September 06, 2024

    Testimony From Officer’s Expert On Man’s Injuries Limited In Use Of Force Case

    BOISE, Idaho — An expert retained by a police officer who is facing allegations that he violated a man’s constitutional rights during an arrest cannot testify about the cause of his injuries because his conclusions are not based on facts in evidence, an Idaho federal judge ruled.

  • September 05, 2024

    Judge Largely Allows Asbestos Expert’s Cumulative Exposure Opinions

    TAMPA, Fla. — To the extent an asbestos expert’s opinion that cumulative exposures increased the risk of a man’s lung cancer includes consideration of whether the exposures exceeded a de minimis amount, the opinion is reliable and admissible, a federal judge in Florida said in partly denying two motions to exclude.

  • September 04, 2024

    Dog Supplement Makers Seek Stay To Petition High Court After Class Ruling

    PASADENA, Calif. — The makers of Cosequin, a pet supplement, filed a motion in the Ninth Circuit U.S. Court of Appeals to stay the mandate pending filing of a petition for writ of certiorari; the motion comes about a week after the panel issued an amended opinion affirming a trial court’s grant of class certification to consumers who allege that the products they bought were falsely marketed as improving joint health.

  • September 03, 2024

    6th Circuit Says Lower Court Erred In Excluding Testimony On Type Of Fence Needed

    CINCINNATI — A lower court erred in excluding testimony from a physician who opined that a child with special needs needed a 6-foot wooden privacy fence that was prohibited under regulations by a homeowners association (HOA), the Sixth Circuit U.S. Court of Appeals ruled in reversing summary judgment and remanding the case.

  • August 28, 2024

    Federal Judge Partially OKs Expert Exclusion Case Remanded From Pelvic Mesh MDL

    LEXINGTON, Ky. — A Kentucky federal judge on Aug. 27 partially granted a motion to exclude expert testimony in a long-running case against a pelvic mesh manufacturer after previously ruling that the expert was properly designated and granting the manufacturer permission to move to exclude his general causation opinions under Daubert v. Merrell Dow Pharmaceuticals Inc.

  • August 27, 2024

    Experts Featured In Mealey's Daubert Report

    Entries are ordered in alphabetical order of the expert in each area of expert testimony.  Experts appeared in the June, July and August 2024 issues.

  • August 27, 2024

    Arkansas Federal Judge Rules Firearms Expert Cannot Testify On Misfired Pistol

    EL DORADO, Ark. — An expert who opines that it is possible for a firearm to accidentally fire when dropped cannot testify because he failed to base his conclusions on a reliable methodology as required under Federal Rule of Evidence 702, an Arkansas federal judge ruled.

  • August 27, 2024

    Expert May Testify On Economic Losses In Excessive Force Suit Against Police

    WEST PALM BEACH, Fla. — An expert who opined on the economic loss a man suffered due to two police officers using excessive force during his arrest may testify, a Florida federal judge ruled, finding that a late-disclosed report was justified and that the majority of his opinions meet federal admissibility standards.

  • August 26, 2024

    Loan Expert Admissible In Case Alleging Insurance Policy Canceled By Negligence

    PHOENIX — An expert retained by a couple who learned after a fire destroyed their home that their homeowners insurance policy had been canceled can testify in the case against the mortgage companies and broker who the couple said improperly failed to pay the premiums, an Arizona federal judge ruled Aug. 23.

  • August 26, 2024

    Bench Trial Yields Ruling For Defendants In ERISA Fees, Funds Challenge

    SANTA ANA, Calif. — Noting in part that that she afforded “little to no weight” to the testimony of two of the class’s experts, a California federal judge ruled for the defendants on all claims after a bench trial, in a consolidated Employee Retirement Income Security Act suit over 401(k) fees and funds.

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