Mealey's Daubert

  • June 19, 2024

    Expert On Standard Of Medical Care Of Inmates Excluded, W.Va. Federal Judge Says

    CHARLESTON, W.Va. — A medical expert’s opinion that a detention center’s medical staff met the standard of care in their treatment of an inmate who suffered from opioid use disorder is inadmissible because the expert failed to base his conclusions on reliable principles or methods, a West Virginia federal judge found.

  • June 14, 2024

    J&J Can Depose Asbestos Expert Longo’s Employee, Special Master Says

    TRENTON, N.J. — Johnson & Johnson entities may depose the lab employee who performed the testing on which expert William Longo relies, the special master in New Jersey involved in the federal multidistrict litigation involving asbestos-talc claims said.

  • June 14, 2024

    Trial Court Erred In Excluding Experts In Design Defect Case, 11th Circuit Says

    ATLANTA — The 11th Circuit Court of Appeals held that a trial court “applied an incorrect legal standard in excluding portions of the experts’ testimony and that this error infected its summary judgment decision,” reversing and remanding a design defect and injury case stemming from a fall out of a climbing tree stand while hunting.

  • June 13, 2024

    Insurers’ Motion For Summary Judgment Denied In Row Over Jet Insurance Coverage

    SAN DIEGO — A California federal judge denied summary judgment to insurers in their suit seeking rescission of a policy covering a private jet but granted in part the jet owners’ motion for partial summary judgment regarding their reliance “on a misrepresentation theory,” finding that the insurers failed to show that the insureds made misrepresentations about the identity of the jet’s pilots.

  • June 11, 2024

    Testimony From Experts Retained In Crash Coverage Spat Limited By Federal Judge

    DENVER — A Colorado federal judge on June 10 partially granted two motions to exclude experts retained by a woman injured in a car accident who sued an insurer for failing to fully cover her injuries and also granted the insurer’s motion for partial summary judgment.

  • June 07, 2024

    Experts In Metal-On-Metal Hip Implant Case Can Testify, Judge Says

    OAKLAND, Calif. — A California federal judge denied requests by defendants in a defective metal-on-metal hip implant case remanded from a multidistrict litigation to exclude testimony from two experts witnesses and grant them summary judgment.

  • June 06, 2024

    Judge Won’t Bar Experts, Admit Exhibits Ahead Of FTCA Asbestos Trial

    SEATTLE — Facing an upcoming trial on take-home and environmental asbestos claims under the Federal Tort Claims Act (FTCA), a federal judge in Washington declined to preadmit certain exhibits or exclude expert testimony, finding the trio of motions premature or untimely.

  • June 06, 2024

    Judge Limits Testimony In Design Defect Case, Grants Partial Summary Judgment

    BOSTON — A Massachusetts federal judge partially dismissed a woman’s suit against a surgical stapler device manufacturer after finding that certain testimony from expert witnesses is inadmissible under the standards of Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals Inc.

  • June 05, 2024

    Asbestos Plaintiffs Warn Of Expert Oversight Motion’s ‘Massive Chilling Effect’

    TRENTON, N.J. — Allowing Johnson & Johnson to compel plaintiff-side expert William Longo to perform testing under the gaze of defense experts would be a “patently unreasonable” and unprecedented step and likely have a “massive chilling effect on expert witnesses,” plaintiffs in the federal multidistrict asbestos-talc litigation argue in opposing a motion to compel.

  • June 04, 2024

    Camp Lejeune Plaintiffs: Court Should Deny Bid To Prevent Expert’s Deposition

    RALEIGH, N.C. — The plaintiffs leadership group (PLG) in the Camp Lejeune water crisis litigation has filed an opposition brief in North Carolina federal court contending that because its expert, Christopher Portier, will provide “highly relevant testimony that is critical” to the case, the court should deny the U.S. government’s motion for a protective order to prevent Portier’s deposition.

  • June 04, 2024

    Florida Federal Judge Allows Expert Testimony In Asbestos Exposure Case

    TAMPA, Fla. — Arguments made by the two remaining defendants in an asbestos exposure case failed to convince a Florida federal judge that testimony by the plaintiff’s expert is inadmissible under Daubert v. Merrell Dow Pharmaceuticals Inc., with the judge denying separate motions to exclude on June 3.

  • June 04, 2024

    North Dakota Supreme Court Reverses Conviction Based On Improper Expert Testimony

    BISMARCK, N.D. — The North Dakota Supreme Court reversed a murder conviction and remanded the case after finding that the trial judge erred in allowing expert testimony from a witness for the state without the prosecutors meeting the state’s criminal procedure rules.

  • June 04, 2024

    Judge Says Expert Can Opine On Trucking Company’s Driver Logs In Crash Suit

    SAN ANTONIO — Expert testimony on driver logs related to a trucker’s collision is reliable and will help a jury, a Texas federal judge ruled in denying a man’s motion to exclude; the judge also denied the man’s motion to reconsider a previous grant of partial summary judgment.

  • June 03, 2024

    Judge Rules Funeral Home’s Coverage Claim Barred By Rainwater Exclusion

    DETROIT — A federal judge in Michigan on May 31 dismissed with prejudice a funeral home’s complaint in which it argued that it was owed coverage for damage caused by a rainstorm after a roofing company failed to secure the roof for the weather, finding that coverage is barred by a policy exclusion related to damage caused by water without damage caused to the roof.

  • June 03, 2024

    Monsanto’s Bid To Strike Expert ‘Unavailing’ In Verdict Appeal, Judge Says

    PHILADELPHIA — A Pennsylvania judge has ruled that a trial court did not abuse its discretion when it denied a motion by Monsanto Co. that sought to exclude a plaintiff’s expert in a glyphosate cancer lawsuit in which a jury awarded the plaintiff $175 million in combined damages.  The judge said Monsanto’s allegation of error related to the admissibility of a plaintiffs’ expert was “unavailing.”

  • May 31, 2024

    Federal Judge: Expert Can Testify That Dangerous Railroad Crossing Led To Crash

    ST. LOUIS — A Missouri federal judge on May 30 denied a joint motion filed by a railroad company and Amtrak to exclude an expert who opined that a railroad crossing was extrahazardous and that its condition led to a collision.

  • May 31, 2024

    Michigan Appeals Court: No Error In Expert Exclusion, Summary Judgment Award

    DETROIT — A Michigan trial court did not err in finding that a medical expert failed to meet the admissibility standards under state law and that without that testimony, a woman failed to “advance a viable claim of medical malpractice,” a state appeals court held in affirming summary judgment in a medical malpractice suit.

  • May 30, 2024

    Judge Certifies Privacy, Publicity Rights Class Action Against Data Aggregator

    SAN FRANCISCO — A California federal judge on May 29 granted a group of plaintiffs’ motion to certify a class action against a personal information data-aggregator website on behalf of two statewide classes accusing the company of violating plaintiffs’ rights of publicity and against misappropriation of name and likeness and denied the parties’ competing motions to exclude each other’s experts.

  • May 30, 2024

    BP: Magistrate’s Report Correct, Deepwater Horizon Case Should Be Dismissed

    PENSACOLA, Fla. — BP Exploration & Production Inc. and BP America Production Co. (collectively, BP) filed a brief in Florida federal court arguing that it should overrule a plaintiff’s objection to a magistrate judge’s report that recommended that the court dismiss an injury lawsuit brought by a man who says he developed cancer as a result of working on a clean-up crew following the Deepwater Horizon oil spill.

  • May 30, 2024

    Contractor Is Excluded From Testifying About Cabin Owner’s Lost Rental Income

    KNOXVILLE, Tenn. — A general contractor is not qualified to testify about lost rental income arising from allegedly defective construction work performed at a cabin because the owner of the property failed to show that the contractor is an expert on the topic, a Tennessee federal magistrate judge found in granting a motion to exclude in part.

  • May 29, 2024

    Judge Certifies Class Of Consumers Allegedly Deceived By ‘Italy’s #1 Pasta’ Label

    SAN FRANCISCO — A California federal judge on May 28 granted two consumers’ motion to certify their class action against an Illinois-based pasta manufacturer for violating California’s unfair competition law (UCL) and other laws by selling pasta products labeled with an “Italy’s #1 Brand of Pasta” statement and Italian flag colors and denied the manufacturer’s motion to exclude a plaintiff expert as moot.

  • May 28, 2024

    Judge Certifies Class In ESG Row Focused On Proxy Voting, Shareholder Activism

    FORT WORTH, Texas — Rejecting numerous arguments advanced by American Airlines Inc. and a related defendant in a suit over environmental, social and governance (ESG) considerations and the purported proxy voting activism of investment management firms, a Texas federal judge granted certification of a narrowed class that reflects the decision to drop one theory of liability.

  • May 28, 2024

    Georgia High Court Won’t Review Daubert Ruling In FELA Asbestos Case

    ATLANTA — The Georgia Supreme Court declined to take a look at a ruling on the admissibility of an expert in a Federal Employers’ Liability Act (FELA) asbestos case, turning away arguments that the divided and “fractured” ruling at issue established that the court rushed the opinion and warning that unless the court addressed the issue, parties to every case could end up citing Daubert v. Merrell Dow Pharmaceuticals Inc.

  • May 23, 2024

    Judge Limits Testimony From 1 Expert In Flea, Tick Treatment Antitrust Suit

    SAN JOSE, Calif. — A California federal judge agreed to limit testimony from an expert retained by a generic maker of pet flea and tick treatments but denied the generic maker’s motion to exclude the expert retained by the maker of Advantage and Advantix topical flea and tick treatments in an antitrust case.

  • May 23, 2024

    Expert Can Testify In Oil, Gas Contract Dispute; Judge Denies Summary Judgment

    CHEYENNE, Wyo. — A Wyoming chancery court judge found that testimony from an expert retained in an oil and gas contracts dispute is admissible under Wyoming Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals Inc. and separately denied a motion for summary judgment.