Category: Expert Challenges
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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…
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Tennessee Law & Expert Witnesses: Blazin Wings Case Highlights Damage Limits
Charles Haney, an ATM business owner, suffered injuries after tripping over a mat at a Blazin Wings restaurant in Jackson, Tennessee. He was visiting the restaurant to perform routine maintenance on an ATM, one of several that Haney owned and operated throughout West Tennessee. Haney initiated this tort action against Blazin Wings, seeking damages, including lost…
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Forensic Pathology Expert Witness’ Expertise did not Extend to Prison Operational Procedures
Shonnica Anderson, representing the estate of her son Marcus Hayes, who died by suicide in a Georgia prison, sued prison officials for Eighth and Fourteenth Amendment rights violations and the Georgia Department of Corrections (GDC) for negligence. A key point of contention arose over the expert testimony of Defendants’ medical examiner expert Dr. James Claude…
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Ninja’s Silent Danger: Court Admits Expert’s Warning Claim
Allyson Bolden sued SharkNinja after sustaining injuries while using their Intellisense Kitchen System food processor. Bolden claimed a design defect led to the lid jamming, resulting in her injury when trying to remove it. Defendant SharkNinja challenged the admissibility of Plaintiff’s expert, Dr. Wade Lanning‘s, testimony, arguing his qualifications, reliability, and relevance were lacking. Lanning,…
