Category: Expert Challenges
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Economics Expert’s Statistical Model Survives Daubert Challenge in NCAA Volunteer Coach Case
The NCAA is an association whose members are colleges and universities competing in intercollegiate athletics. The NCAA governs student athletic competition at its member schools. NCAA schools are divided into three divisions: Division I, Division II, and Division III. Division I schools, which are at issue in this litigation, generally “manage the largest athletic budgets…
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Family Medicine Expert Witness’ Testimony Violates the Basic Requirement of Rule 26
On July 22, 2022, Dr. Gregory Fox, individually and as parent of C.F., and Rita Fox, individually and as parent of C.F. (jointly, the Plaintiffs), filed a lawsuit challenging the state of Maine’s public school vaccination requirements. Dr. Stephen B. Paulding, a board-certified family physician with over four decades of experience in primary care was…
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Neuropsychology Expert’s Opinions Discrediting the Body of False Confession Research Excluded
Essentially, Fulton and Mitchell alleged that they were wrongfully convicted of murder due to fabricated witness testimony and coerced false confessions by Chicago police officers. Consequently, they filed lawsuits claiming constitutional violations. As their trial date approached, the defense sought to introduce Dr. Diana Goldstein because of her extensive background, experience, and specialized knowledge as…
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Psychiatry Expert’s Testimony Not Fully Excluded Despite His Reliance on a Previous Edition of the DSM
In a recent Michigan case involving allegations of sexual abuse against visually impaired minors in public schools, the admissibility of expert psychiatric testimony became a focal point. Specifically, the Court grappled with challenges to Dr. Gerald Shiener‘s expertise and methodology. Plaintiffs presented Shiener, a psychiatrist, to testify on the “causation and damages” related to the…
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Pediatrics Expert’s Opinion Regarding a Target 95% Vaccination Rate Met the Daubert Bar
On July 22, 2022, Dr. Gregory Fox, individually and as parent of C.F., and Rita Fox, individually and as parent of C.F. (jointly, the Plaintiffs), filed a lawsuit challenging the state of Maine’s public school vaccination requirements. Dr. Laura Blaisdell, a pediatrician with extensive qualifications in medicine and public health, was presented as an expert…
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Why Expert Legal Interpretations Were Excluded in Section 504 Case
O.B., diagnosed with ADHD at age seven, sustained a severe self-inflicted gunshot wound, resulting in permanent blindness. Following the incident, his parents alleged that Colbert Elementary School in the Mead School District (MSD) failed to provide him with necessary accommodations under the Rehabilitation Act and the Americans with Disabilities Act. Central to the dispute was whether…
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Accounting Expert Witness’ Calculations of Lost Profits and Plow-Down Costs Survives Daubert Challenge
Polypack sued Nestlé for breach of contract and breach of implied covenant of good faith, claiming Nestlé failed to make final payments for equipment and service fees. Nestlé counterclaimed, alleging defective equipment and failure to meet performance requirements, resulting in significant financial losses, including lost profits, additional labor costs, and storage fees. Nestlé retained David…
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Economics Expert’s Revenue-Per-Minute Analysis Rejected under Daubert
The copyright infringement case between Buck Goodday Woodall (“Bucky”) and The Walt Disney Company over the film “Moana” has highlighted the critical role of expert testimony in legal disputes, particularly when dealing with complex financial analyses. Plaintiff Woodall sought to demonstrate financial damages by presenting expert testimony from Stan Smith, who proposed a “revenue-per-minute” analysis…
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Court Rejects Anesthesiology Expert’s Testimony Over Incomplete Medical Evidence
In a recent case involving a police shooting in Las Cruces, the admissibility of expert testimony became a central point of contention. The Plaintiff, who sustained injuries during the incident, sought to introduce Dr. Alen Ternian as a pain management expert. However, the Defendants challenged Ternian’s testimony, raising significant concerns about the completeness and reliability…
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Expert Witness Reliability: Sims v. BMW Case Examines “Parroting” Claims
William Harrison Sims was injured when his BMW’s airbag deployed improperly, sending shrapnel into his face. He sued BMW, alleging negligence and strict liability. To prove the extent of his injuries and future medical needs, Sims presented expert testimony from Dr. Craig Lichtblau, a board-certified physician specializing in physical medicine and rehabilitation and brain injury…
