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Preview: LexisNexis® Mealey's™ Daubert Legal News

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Florida High Court Answers Stipulation Is Binding On Criminal Case's Daubert Issue
TALLAHASSEE, Fla. - Stipulations of dispositiveness are binding in appeals from conditional no contest pleas, the Florida Supreme Court ruled April 13, allowing a man to appeal the denial of his request to exclude testimony about the results of chemical field tests under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993) (Roger Dennis Churchill Jr. v. State of Florida, No. SC16-654, Fla. Sup., 2017 Fla. LEXIS 829).



Judge Excludes Testimony For Lack Of Reliability, Noncompliance With Court Rules
SEATTLE - A man who was shot by a police officer during a burglary arrest cannot present expert opinions on the officer's use of force in making the arrest because he failed to prove the reliability of the expert's testimony and because his response to the officer's motion to exclude "falls far below the standard of practice in" a Washington federal court, a judge ruled May 8 (Giljon Johnson v. Benjamin Kelly, No. 16-0635, W.D. Wash., 2017 U.S. Dist. LEXIS 70049).



Expert Witness Rulings In Police Shooting Case Proper, 11th Circuit Finds
ATLANTA - The 11th Circuit U.S. Court of Appeals on May 5 affirmed rulings, including determinations on expert witnesses, during a trial in which a jury acquitted Florida police officers of civil rights violations in the shooting death of a man and wounding of a woman in the man's car (Michael Knight, et al. v. Miami-Dade County, et al., No. 15-10687, 11th Cir., 2017 U.S. App. LEXIS 8036).



Child Sex Abuse Opinion Properly Allowed, North Carolina Panel Rules
RALEIGH, N.C. - Sufficient physical evidence of sexual abuse was presented by prosecutors for a medical expert to tell a jury that a 10-year-old girl had in fact been repeatedly abused by her father, a North Carolina appeals court held May 2 in affirming the father's conviction and sentence of more than 100 years in prison (State of North Carolina v. Dawayne David Knolton, No. COA16-671, N.C. App., 2017 N.C. App. LEXIS 332).



Judge Limits Testimony Of Robbery Defendant's Expert On Eyewitness Identifications
NEWARK, N.J. - A federal judge in New Jersey on May 1 limited the testimony of a robbery defendant's expert on eyewitness identification so that the expert's testimony will assist, not impinge upon, the jury's fact-finding role (United States of America v. Gregory A. Jones, No. 16-516, D. N.J., 2017 U.S. Dist. LEXIS 65721).



Special Agent Is Excluded From Testifying On Drug Code, Federal Judge Says
ALBUQUERQUE, N.M. - In a criminal case, a Drug Enforcement Agency special agent may not provide expert opinion testimony regarding drug code generally because the agent was not properly designated as an expert witness, a New Mexico federal judge ruled April 17; however, the special agent may provide lay opinion testimony "limited to his personal perceptions of the investigation and intercepted communications" (United States of America v. Fidal Abdeljawad and Ashley Watson, No. 15-cr-3394, D. N.M., 2017 U.S. Dist. LEXIS 58122).



Vermont High Court Remands For Sentencing Hearing To Allow Expert Mitigation Testimony
MONTPELIER, Vt. - While a man's convictions for drunken driving resulting in death were upheld, the Vermont Supreme Court on April 14 remanded the matter for resentencing because the trial court abused its discretion by not continuing a sentencing hearing to allow expert mitigation testimony to be presented (State of Vermont v. Christopher Sullivan, No. 2015-292, Vt. Sup., 2017 Vt. LEXIS 27).



Judge Allows Fingerprint Specialist Expert Testimony In Government's Criminal Case
ATLANTA - A fingerprint specialist may testify based on his qualifications and reliable method on the identification of a man charged with the violation of procuring naturalization and citizenship contrary to U.S. law, a Georgia federal judge held April 18 (United States of America v. Olu Kanni Sanyaolu, No. 16-cr-126, N.D. Ga., 2017 U.S. Dist. LEXIS 59294).



Arizona Court Finds Detectives' Testimony Satisfies Evidence Rule
PHOENIX - An Arizona court on April 20 affirmed a man's convictions and sentences, finding that a trial court did not err when it allowed two detectives to testify that a substance they found in his car was marijuana (State of Arizona v. Shamar Terrek Norris, No. 16-0238, Ariz. App., Div. 1, 2017 Ariz. App. Unpub. LEXIS 446).



Judge Considers Expert's Opinion, Then Rules For Shipper In Trucker's Suit
CHICAGO - After allowing a trucking industry expert's opinions on the custom and practice in the shipping industry regarding securing loads in trailers, an Illinois federal judge on May 5 awarded a shipping company summary judgment on a truck driver's claims that the company was responsible for injuries he suffered when an unsecured load of pallets fell on him (Jerzy Kucharski, et al. v. Orbis Corporation, No. 14-cv-05574, N.D. Ill., 2017 U.S. Dist. LEXIS 68611).



Newton's Third Law Supports Admission Of Expert's Testimony, Judge Rules
TRENTON, N.J. - An expert who believes that Newton's Third Law, every action has an equal or opposite reaction, caused a rubber mallet used as part of an amusement park game to strike a man in the face is reliable and should not be precluded from admission, a federal judge in New Jersey ruled May 8 (Jonathon Crowley, et al. v. Six Flags Great Adventure, et al., No. 14-cv-2433-BRM-TJB, D. N.J., 2017 U.S. Dist. LEXIS 69703).



New Jersey Panel Bars Expert Opinions To Juries On 'Symptom Magnification'
NEWARK, N.J. - The New Jersey Superior Court Appellate Division created a "bright-line" rule April 27 that forbids expert witnesses from presenting an opinion in a civil personal injury case heard by a jury on the concepts of symptom magnification and malingering in an attempt to impeach a party's credibility (Alexandra Rodriguez v. Wal-Mart Stores, Inc., No. A-4137-14T3, N.J. Super. App. Div., 2017 N.J. Super. LEXIS 56).



Causation Testimony From Treating Physicians Allowed Despite No Expert Reports
ORLANDO, Fla. - The plaintiff in a slip-and-fall suit can proceed with causation testimony from her treating physicians despite not filing expert reports, but the physicians can provide testimony only on the medical summary and records the plaintiff provided, a Florida federal judge ruled April 19 (Lola Jones v. Discount Auto Parts, LLC, No. 16-138, M.D. Fla., 2017 U.S. Dist. LEXIS 59890).



Nurse Practitioners May Opine On Cause Of Injury, Washington High Courts Finds
OLYMPIA, Wash. - The Washington Supreme Court on April 27 unanimously held that nurse practitioners may determine the cause of an injury in medical malpractice suits and reversed summary judgment in a medical malpractice suit that was dismissed on summary judgment after the trial court said a nurse practitioner was not qualified to determine how a man developed pressure ulcers (Rudy Frausto v. Yakima HMA LLC, No. 93312-0, Wash. Sup., 2017 Wash. LEXIS 442).



Judge Rules On Experts Before Certifying 3 Classes In Telemarketing Practices Suit
OAKLAND, Calif. - A California federal judge on May 5 struck one expert report for lack of any actual analysis, declined to strike another expert report and a paralegal's declaration and certified three classes of consumers in a class action alleging that a burglar alarm company illegally used telemarketing calls to drum up business (Abante Rooter and Plumbing, Inc., et al. v. Alarm.com, Inc., et al., No. 4:15-cv-6314, N.D. Calif., 2017 U.S. Dist. LEXIS 69307).



Epinephrine Causation Opinions Barred In Dental Malpractice Case
DOTHAN, Ala. - Two medical doctors cannot testify that the epinephrine used in a dental anesthetic caused a man with high blood pressure to have a stroke that killed him, but they can offer other causation opinions and testify about the alleged breach of the standard of care by the dentist who pulled four of the man's teeth just before he suffered the fatal stroke, an Alabama federal magistrate judge ruled April 28 (Cynthia Rushing Murphy v. Robert C. Precise, D.M.D., No. 1:16-cv-143, M.D. Ala., 2017 U.S. Dist. LEXIS 64721).



Pennsylvania Appeals Court Affirms Exclusion Of Zoloft Birth Defect Expert
PHILADELPHIA - A Pennsylvania state appeals panel on May 8 affirmed summary judgment in a Zoloft birth defect case, agreeing with the trial court that one causation expert relied on peer-reviewed articles that did not necessarily support his opinion (Robert and Katherine Porter, et al. v. SmithKlineBeecham Corporation, et al., No. 3516 EDA 2015, Pa. Super.).



Aleve Kidney Injury Experts Excluded; Bayer Gets Summary Judgment
EAST ST. LOUIS, Ill. - An Illinois federal judge on April 21 granted Bayer Corp.'s motion for summary judgment in an Aleve case after excluding the plaintiff's two experts from testifying that the over-the-counter pain reliever caused permanent kidney damage (Kenneth Hale, et al. v. Bayer Corporation, et al., No. 15-745, S.D. Ill., 2017 U.S. Dist. LEXIS 61077).



Judge Excludes Testimony On Mirena As Scientifically Unreliable Under Daubert
CHICAGO - An Illinois federal judge on April 25 granted a pharmaceutical company's motion to exclude the expert testimony of a physician in relation to an infection allegedly caused by an intrauterine device, finding that the testimony was not admissible because it was not scientifically reliable (Ivette Mercado v. Bayer Healthcare Pharmaceuticals Inc., No. 14-6699, N.D. Ill., 2017 U.S. Dist. LEXIS 62550).



2 Plaintiff General Causation Experts Excluded From New Jersey Accutane Litigation
ATLANTIC CITY, N.J. - The New Jersey state court judge overseeing the Accutane multicounty litigation on April 13 granted a motion by defendant Hoffman-La Roche (Roche) to bar the general causation testimony of two plaintiff experts, one of whom has been with the litigation for most of its existence (In Re: Accutane Litigation, No. 271 (MCL), N.J. Super., Atlantic Co.).



Kentucky Supreme Court Upholds Reliability Of Neurologist In Disability Ruling
FRANKFORT, Ky. - A neurologist used proper methodology and produced sufficient documentation to support his opinion that a man is suffering from toxic encephalopathy caused by his exposure to the chemical toluene in the spray paint he used at work, the Kentucky Supreme Court held April 27 in affirming a ruling on the man's disability in a workers' compensation case (Armstrong Coal Company, Inc. v. Nathan Attebury, et al., No. 2016-SC-000368-WC, Ky. Sup., 2017 Ky. Unpub. LEXIS 10).



4th Circuit Affirms Use Of Damages Expert's Opinion In Investment Trust Dispute
RICHMOND, Va. - Even though plaintiffs in a breach of contract action over a family's investment strategy violated disclosure rules for their damages expert, the violations caused no harm to the financial company defendant because information that was not disclosed actually decreased the damages amount, the Fourth Circuit U.S. Court of Appeals held April 20 (Fleur S. Bresler v. Wilmington Trust Co., No. 15-2086, 4th Cir., 2017 U.S. App. LEXIS 6880).



Judge: Expert Unqualified To Testify On Dewatering Industry's Standard Practices
OMAHA, Neb. - A proposed expert who planned to testify on the standard of care for dewatering companies in Council Bluffs, Iowa, is unqualified to offer his opinion in support of claims brought by a construction company, a federal judge in Nebraska ruled April 20, finding that the man only worked for the company that was subsequently hired by the plaintiff company to provide dewatering services for a construction site (Judds Brothers Construction Co. v. Mersino Dewatering, Inc., No. 16CV1, D. Neb., 2017 U.S. Dist. LEXIS 60367).



Judge Refuses To Reconsider Ruling Excluding Plaintiffs' Stucco Expert
ORLANDO, Fla. - A federal judge in Florida on April 17 denied a motion filed by plaintiffs seeking reconsideration of a decision excluding the testimony of their expert, who opines that Pulte Home Corp.'s violations of the Florida Building Code caused the stucco on their homes to crack, finding that plaintiffs are attempting to present a new theory of liability (Shaun Gazzara, et al. v. Pulte Home Corp., No. 16-cv-00657, M.D. Fla.).



Shingle Buyers Seek Stay Pending Appeal Of Ruling Denying Class Certification
TRENTON, N.J. - Purchasers of cedar shingles that allegedly cup and curl due to water retention asked a federal judge in New Jersey on May 3 to stay proceedings pending their appeal of a March 28 decision denying their motion for class certification and striking testimony from an expert (Ilene Stern, et al. v. Maibec, Inc., No. 11-3951, D. N.J.).



Damages Testimony Is Barred In Patent Infringement Suit Against IBM, Judge Says
WILMINGTON, Del. - An expert did not offer any developed damages theory relating to International Business Machines Corp.'s (IBM) use of its website, and there were "serious methodological and reliability problems" in his assumptions, a Delaware federal judge held April 17, excluding testimony in a patent infringement lawsuit (Parallel Networks Licensing LLC v. International Business Machines Corp., No. 13-2072, D. Del., 2017 U.S. Dist. LEXIS 58394).



Nonobviousness Testimony Is Allowed; Judgment Granted On Invalidity In Patent Suit
PORTLAND, Ore. - While allowing expert testimony on objective considerations of nonobviousness, an Oregon federal judge also granted in part summary judgment on April 12 to a sportswear company that certain prior art references do not anticipate utility patents relating to heat-directing elements to a garment's innermost surface (Columbia Sportswear North America Inc. v. Seirus Innovative Accessories Inc., No. 15-00064, D. Ore., 2017 U.S. Dist. LEXIS 55714).



Federal Judge Denies Securities Broker's Motion To Bar Expert Testimony
WEST PALM BEACH, Fla. - An expert is qualified to testify regarding a rule under Financial Regulatory Authority Inc. (FINRA), a Florida federal judge ruled April 14, denying a motion to exclude filed by a securities broker-dealer (UBS Financial Services Inc. v. Bounty Gain Enterprises Inc., No. 14-81603, S.D. Fla., 2017 U.S. Dist. LEXIS 57502).



Ala. Federal Judge Strikes Insurer's Expert Witness In Environmental Coverage Suit
MOBILE, Ala. - An Alabama federal judge on April 24 granted a motion to strike an insurer's proposed expert witness after determining that the expert's testimony relates to claims that were already decided in an underlying environmental contamination suit (Heartland Catfish Co. Inc. et al., v. Navigators Specialty Insurance Co., No. 15-368, S.D. Ala., 2017 U.S. Dist. LEXIS 62379).



Plaintiff Who Lost $8M Asbestos Verdict Wants Causation Cases Consolidated
FORT LAUDERDALE, Fla. - A motion by an asbestos plaintiff seeking to consolidate her appeal of a ruling excluding expert causation testimony involving cigarette filters with a second case challenging application of the Daubert standard is inappropriate because the court previously stayed her case and because the Florida Supreme Court has not accepted either case for review, Crane Co. told the court on March 14 (Richard DeLisle v. Crane Co., et al., No. SC16-2182, Fla. Sup.).



9th Circuit Permits Expert's Testimony Regarding Origin Of Asbestos Insulation
SAN FRANCISCO - An expert's knowledge regarding U.S. Navy practices and procedures qualifies him to testify that the asbestos-containing insulation to which a man was exposed was likely original to the boilers in question, and he need not have firsthand knowledge, a Ninth Circuit U.S. Court of Appeals panel held April 26 (Geraldine Hilt, et al. v. Foster Wheeler LLC, FKA Foster Wheeler Corp., No. 15-17301, 9th Cir.).



Judge Rejects Challenge To Causation Testimony In Asbestos Case
NEW YORK - Requiring experts to actually sample and test the release of [ee]asbestos fibers from products would be fatal to almost all cases, given the lack of existing products to test and their inherent hazards, a New York justice held in allowing the testimony of three experts in an opinion posted April 20 (Jeanne Evans, et al. v. 3M Co., et al., No. 190109/2015, N.Y. Sup., New York Co.).



Company: Causation Lacking In Lawsuit Related To Cancer From Benzene Exposure
ASHEVILLE, N.C. - A company being sued by a North Carolina man who contends that he contracted cancer as a result of groundwater contamination for which the man says the company is liable on April 17 filed a brief in North Carolina federal court, arguing that the case should be dismissed because the plaintiffs cannot show causation (Kent Stahle v. CTS Corporation, No. 14-48, W.D. N.C.).



Judge: Experts Not Permitted To Testify In Benzene Exposure Lawsuit
OKLAHOMA CITY - A federal judge in Oklahoma on March 31 ruled that the testimony of experts on which a woman was going to rely in her lawsuit against oil and gas companies for injuries she allegedly suffered from exposure to airborne benzene did not meet the standard requirements for reliability of testimony (Samantha Hall v. ConocoPhillips, et al., No. 14-0670, W.D. Okla; 2017 U.S. Dist. LEXIS 56458).



Florida High Court Rejects Daubert Issue But Vacates Death Sentence On Other Law
TALLAHASSEE, Fla. - Although the Florida Supreme Court on March 9 rejected a convicted man's argument that his death sentence is unconstitutionally arbitrary as a result of the Florida Legislature's adoption of the standard in Daubert v. Merrell Dow Pharmaceuticals Inc., it vacated the death sentence based on other case law and remanded for a new penalty phase (Charles L. Anderson v. State of Florida, No. SC12-1252, Charles L. Anderson v. Julie L. Jones, et al., No. SC14-881, Fla. Sup.; 2017 Fla. LEXIS 508).



Connecticut High Court: Error In Admission Of Police Testimony Was Harmless
HARTFORD, Conn. - Although a trial court improperly allowed a police officer to present certain testimony regarding cellphone records and maps without qualifying him as an expert, the Connecticut Supreme Court ruled April 11 that the error was harmless and, thus, affirmed a man's conviction for home invasion, robbery, larceny and assault of an elderly person (State of Connecticut v. Eugene Edwards Jr., No. SC 19735, Conn. Sup., 2017 Conn. LEXIS 80).



No Error In Admission Of Testimony On Firearm Parts Sold, 11th Circuit Finds
ATLANTA - A trial court did not err in allowing testimony that firearm parts sold by a police officer were of the same type as firearms listed on a police department's property destruction logs, the 11th Circuit U.S. Court of Appeals ruled March 9 (United States of America v. Tammy Lynn Valdes and Rafael Oscar Valdes, No. 14-10252, 11th Cir.; 2017 U.S. App. LEXIS 4142).



Judge Denies Exclusion Of Expert Testimony In Patent Infringement Lawsuit
BOWLING GREEN, Ky. - After refusing to exclude expert testimony from both sides in a patent infringement case involving disposable pants-type diapers, a Kentucky federal judge on April 10 granted and denied in part summary judgment of noninfringement to a baby diaper manufacturer on certain accused products (SCA Hygiene Products Aktiebolag, et al. v. First Quality Baby Products LLC, et al., No. 10-00122, W.D. Ky., 2017 U.S. Dist. LEXIS 54167).



Judge: Expert Testimony Is Relevant, Reliable In Weight Loss Drug Trademark Suit
SAN DIEGO - A California federal judge on March 29 allowed rebuttal expert testimony in a trademark lawsuit over the quality of a weight loss supplement because the expert is qualified and her testimony is relevant and based on reliable methods (Obesity Research Institute LLC v. Fiber Research International LLC, et al., No. 15-595, S.D. Calif., 2017 U.S. Dist. LEXIS 46999).



Magistrate Judge Allows Testimony On Claimed Process In Patent Infringement Suit
TYLER, Texas - In a patent infringement lawsuit, an expert may provide opinions "based on his technical knowledge and expertise" as to the technical advantages of a claimed process of forming circuitry used in controlling liquid crystal displays (LCDs), a Texas federal magistrate judge ruled March 22 (Eidos Display LLC and Eidos III LLC v. Chi Mei Innolux Corp., et al., No. 11-00201, E.D. Texas, 2017 U.S. Dist. LEXIS 41040).



Judge Excludes Urologist's Testimony On Inefficacy Of Remedies In Drug Patent Suit
MARSHALL, Texas - Although a urologist's testimony on the inefficacy of natural and herbal remedies was barred in a patent infringement case over a drug's marketing, a Texas federal judge on March 17 allowed the urologist to testify as to the drug's marketing (Erfindergemeinschaft UroPep GbR v. Eli Lilly and Co., No. 15-1202, E.D. Texas, 2017 U.S. Dist. LEXIS 38512).



Judge Rules On Motions To Exclude Testimony In Patent Infringement Suit
SAN DIEGO - In a patent infringement lawsuit, a California federal judge on April 3 addressed several motions to exclude testimony on damages and reasonable royalty with regard to the alleged infringement by wireless companies to a patent relating to a mobile communication system with a moving base station (Carucel Investments L.P. v. Novatel Wireless Inc., et al., No. 16-118, S.D. Calif., 2017 U.S. Dist. LEXIS 50855).



Magistrate Judge Bars In Part Testimony On Terms In Patent Infringement Suit
TYLER, Texas - A Texas federal magistrate judge on April 1 granted and denied in part testimony from a noninfringement expert and an invalidity expert on the constructions of "metal film" and "gate wiring" in a patent infringement lawsuit (Eidos Display LLC and Eidos III LLC v. Chi Mei Innolux Corp., et al., No. 11-00201, E.D. Texas, 2017 U.S. Dist. LEXIS 50167).



Judge Bars Damages Opinion In Insurance Coverage Dispute On Bad Faith, Contract Claims
WACO, Texas - After excluding testimony on damages for failing to determine whether property damage "is cosmetic or functional damage," a Texas federal judge on April 6 granted summary judgment to an insurer on breach of the duty of good faith and fair dealing and statutory claims but denied summary judgment on a breach of contract claim (Stephen Hahn v. United Fire and Casualty Co., No. 15-00218, W.D. Texas, 2017 U.S. Dist. LEXIS 53178).



Judge Rules On Insurer's Duty To Hurricane Sandy Claims Based On Expert Testimony
TRENTON, N.J. - After finding expert testimony on the scope and value of damages incurred by two supermarkets during Hurricane Sandy to be admissible, a New Jersey federal judge on March 28 granted in part and denied in part summary judgment to an insurer (MD Retail Corp. d/b/a Monmouth Beach Supermarket and MS Retail Corp. d/b/a Sea Bright Supermarket v. AmGuard Insurance Group, No. 14-6589, D. N.J., 2017 U.S. Dist. LEXIS 44996).



Expert Allowed To Opine On Compliance Of Insurance Marketing Industry Standards
SAN ANTONIO - An expert is qualified to testify on independent marketing organizations (IMOs) in the insurance industry and regarding an IMO's "compliance or lack of compliance with industry standards," a Texas federal magistrate judge ruled March 24 (Wealthmark Advisors Inc. and David Shields v. Phoenix Life Insurance Co. and PHL Variable Insurance Co., No. 16-00485, W.D. Texas, 2017 U.S. Dist. LEXIS 42978).



Judge Allows Testimony On Cause Of Damages In Bad Faith Suit Against Insurer
CHARLESTON, S.C. - An additional insured may offer layman testimony about the cause of damages or cost of repairs at a condominium association for purposes of its bad faith lawsuit against an insurer, a South Carolina federal judge ruled April 6 (UFP Eastern Division Inc. f/k/a Universal Forest Products Eastern Division Inc. v. Selective Insurance Company of South Carolina, No. 15-2801, D. S.C., 2017 U.S. Dist. LEXIS 53190).



Federal Judge Bars Expert Testimony On Some Repair Costs For Insureds' Damages
TULSA, Okla. - An Oklahoma federal judge on March 14 excluded testimony from an expert on estimates to repair a master control center (MCC) and electrical costs as a result of insureds' damages caused by a contractor and subcontractor's inadequate design and installation of the concrete columns but allowed other estimates to be admitted (Lexington Insurance Co., et al. v. Newbern Fabricating Inc. and Baucom Concrete Construction Inc. & Newbern Fabricating Inc. v. Doveland Engineering Co., No. 14-0610, N.D. Okla.; 2017 U.S. Dist. LEXIS 36133).



Panel Upholds Breach Of Contract Award, Reverses Bad Faith Awards Against Insurer
BEAUMONT, Texas - A Texas appeals panel on March 9 affirmed a jury's $15,000 award for breach of contract damages but reversed the jury's $20,000 award of actual damages that resulted from an insurer's alleged unfair settlement practices and the jury's award of additional damages of $60,000 that resulted from the finding that the insurer knowingly engaged in unfair settlement practices, rendering judgment that an insured take nothing as to the claims (State Farm Lloyds v. Dennis Webb, No. 09-15-00408-CV, Texas App., 9th Dist.; 2017 Tex. App. LEXIS 1997).



Expert Opinions Allowed In Putative Products Liability Class Action Against Volvo
TRENTON, N.J. - In a putative class action against Volvo Cars of North America LLC for defects in sunroofs, a New Jersey federal judge on April 3 refused to dismiss three experts' opinions with regard to issues of damages and the cause of the damages (Joanne Neale, et al. v. Volvo Cars of North America LLC, et al., No. 10-4407, D. N.J., 2017 U.S. Dist. LEXIS 50259).



Without Expert Testimony, Judge Grants Judgment On Product Liability Claims
HARTFORD, Conn. - Finding that a plaintiff's expert is not qualified to testify about "handheld circular saw safety, the efficacy or necessity of riving knives on such products, or the sufficiency of warning labels" to support design defect and failure-to-warn claims, a Connecticut federal judge on March 20 granted summary judgment to the manufacturer of a circular saw (Eustathios Karavitis v. Makita U.S.A. Inc., No. 14-00913, D. Conn., 2017 U.S. Dist. LEXIS 39830).



Judge: Plaintiffs' Negligence, Products Liability Claims Fail Without Expert Testimony
MILWAUKEE - Excluding expert testimony on the cause and origin of a fire, a Wisconsin federal judge ruled March 21 that plaintiffs cannot prevail on their claims of strict products liability or negligence because "without competent expert testimony, the jury would be forced to speculate about the cause of the fire" (S.V. Gopalratnam and Hemalatha Gopalratnam, et al. v. Hewlett Packard Co. and ABC Insurance Co. v. Samsung SDI Co. Ltd. and Dynapack Technology Corp., No. 13-618, E.D. Wis., 2017 U.S. Dist. LEXIS 40386).



Judge Bars Testimony As Unreliable, Denies Judgment On Failure-To-Warn Claim
TRENTON, N.J. - Finding an expert's testimony on the placement of a warning label on a watercraft unreliable, a New Jersey federal judge on March 31 ruled that summary judgment is still not appropriate on a failure-to-warn claim because there is a genuine dispute of material fact as to whether the two existing warnings on the watercraft were adequate (Angela Ruggiero v. Yamaha Motor Corporation U.S.A., No. 15-49, D. N.J., 2017 U.S. Dist. LEXIS 48908).



Oklahoma Federal Judge Bars Pilot's Testimony In Products Liability Lawsuit
TULSA, Okla. - Rendering moot a federal magistrate judge's report and recommendation that a pilot's expert testimony in an aviation negligence and products liability lawsuit should be partially excluded under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), an Oklahoma federal judge ruled March 14 that the entire testimony should be excluded for the pilot's failure to prepare the report himself (James Rodgers, et al. v. Beechcraft Corp. f/k/a Hawker Beechcraft Corp., et al., No. 15-0129, N.D. Okla., 2017 U.S. Dist. LEXIS 36131).



Judge Allows Testimony From Mechanical Engineer, Accident Reconstructionist, Metallurgist
EAST ST. LOUIS, Ill. - In a products liability suit, an Illinois federal judge on March 31 permitted expert testimony from a metallurgist, a hunting accident reconstructionist and a mechanical engineer because they offered credible opinions based on reliable methodology (Jordan Queen v. W.I.C. Inc. d/b/a Sniper Treestands, No. 14-519, S.D. Ill., 2017 U.S. Dist. LEXIS 49506).



Panel: No Error In Admission Of Doctor's Testimony On Treatment After Collision
TYLER, Texas - A judge did not err in allowing a physician's testimony that a woman involved in a car accident needed "neurotomies, stem cell injections, and topical cream," a Texas appeals panel held March 15, because it was reliable under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993) (Jeremy Oney and Horizon Cable Service Inc. v. William Crist and Heather Crist, No. 12-16-00045-CV, Texas App., 12th Dist.; 2017 Tex. App. LEXIS 2216).



Judgment Denied In FELA Lawsuit Based Upon Admission Of Expert's Testimony
NEW YORK - Finding an expert's testimony on the ergonomics factors of a plaintiff's job in relation to his injuries to be admissible, a New York federal judge on March 24 denied partial summary judgment to a railroad company in a Federal Employers' Liability Act (FELA) lawsuit because it is premised on the exclusion of that testimony (Donovan G. Hewitt v. Metro-North Commuter Railroad, No. 14-8052, S.D. N.Y., 2017 U.S. Dist. LEXIS 43383).



Federal Judge Excludes Engineer's Testimony On Safety In Area At Sea World
SAN DIEGO - A safety engineer and accident reconstruction expert may not testify regarding Sea World LLC's liability relating to the safety of an area at the time of a woman's accident while visiting the park, a California federal judge held March 17 (Eusebia Baltazar v. Sea World Parks Entertainment LLC, No. 15-2893, S.D. Calif., 2017 U.S. Dist. LEXIS 39039).



Judge Declines To Preclude Medical, Liability Testimony In Personal Injury Lawsuit
TULSA, Okla. - An Oklahoma federal judge on March 31 refused to exclude medical and liability expert testimony in a personal injury lawsuit against BNSF Railway Co. because the experts are qualified and they used reliable methodology (Tyler D. Malinski and Paula Smith v. BNSF Railway Co., No. 15-502, N.D. Okla., 2017 U.S. Dist. LEXIS 48962).



Judge Decides Motions To Exclude Causation Testimony In Personal Injury Lawsuit
KANSAS CITY, Kan. - A Kansas federal judge on March 13 granted in part and denied in part motions to exclude expert testimony from both sides involved in a personal injury lawsuit on the issue of causation for injuries a woman allegedly sustained in a vehicle collision (Wendy L. Delgado v. Lyle J. Unruh, et al., No. 14-01262, D. Kan.; 2017 U.S. Dist. LEXIS 35790).



Federal Judge Declines To Bar Testimony On Accident Scenario In Personal Injury Suit
SHREVEPORT, La. - A licensed mechanical and biomedical engineer relied on a sufficient methodology and factual basis to testify in support of proving that an accident scenario "is physically possible," a Louisiana federal judge ruled March 15, declining to exclude the testimony in a personal injury lawsuit against Greyhound Lines Inc. (Yolanda Dennis v. Ernest Collins II, et al., No. 15-2410, W.D. La.; 2017 U.S. Dist. LEXIS 37614).



Expert Testimony Partially Excluded But Fact Issues Exist On Police Indifference
CHICAGO - While partially excluding testimony on an alleged history of indifference by the Chicago Police Department (CPD), an Illinois federal judge ruled March 31 that fact issues remain as to whether the city of Chicago was responsible for a fatal drunken driving accident involving one of its officers (Jose Andres Cazares, as special administrator of the estate of Andrew Cazares, and Fausto T. Manzera, as special administrator of the estate of Fausto A. Manzera, et al. v. Joseph Frugoli, et al., No. 13-5626, N.D. Ill., 2017 U.S. Dist. LEXIS 49938).



Judge Rules On Motions To Exclude Testimony In Putative Class Action
TRENTON, N.J. - A New Jersey federal judge on March 17 decided several motions to exclude testimony in a putative class action against the manufacturer and retailers of a washer that was not energy efficient despite a label on the product (Charlene Dzielak, et al. v. Whirlpool Corp., et al., No. 12-0089, D. N.J., 2017 U.S. Dist. LEXIS 39232).



Judge Bars Damages Opinion On Flooding, Grants Judgment On Classwide Stigma Damages
PENSACOLA, Fla. - Allowing expert testimony on the cause of flooding to neighborhoods but excluding testimony on damages due to an error in methodology, a Florida federal judge on March 25 simultaneously granted homeowners class certification on the issue of liability and granted summary judgment to a paper mill company as to classwide stigma damages (John Navelski, et al. v. International Paper Co., No. 14-445, N.D. Fla., 2017 U.S. Dist. LEXIS 44411).



Judge Bars Testimony In Inmate's Medical Negligence Suit Against Prison Doctors
MACON, Ga. - Medical testimony in support of an incarcerated man's medical negligence claims against prison doctors fails to satisfy Federal Rule of Evidence 702, a Georgia federal judge ruled March 31, noting that a psychiatrist cannot testify "as the be-all-and-end-all global damages expert" and as "a standard of care expert" (William Stoner v. Chiquita A. Fye, M.D., and Norman Howard Fitz-Henley, M.D., No. 15-102, M.D. Ga., 2017 U.S. Dist. LEXIS 48701).



Bayer Tells 2nd Circuit Mirena Experts, 'Admissions' Evidence Properly Excluded
NEW YORK - Bayer HealthCare Pharmaceuticals Inc. on March 8 told the Second Circuit U.S. Court of Appeals that the Mirena multidistrict litigation court did not err in excluding the plaintiffs' three causation expert witnesses and said the plaintiffs' "proof of general causation" is legally inadequate (In Re Mirena IUD Products, Mirena MDL Plaintiffs v. Bayer HealthCare Pharmaceuticals Incorporated, No. 16-3012, 2nd Cir.).



Judge Refuses To Strike Widow's Expert's Testimony On Access To Data
CHICAGO - A federal judge in Illinois overseeing a trial claiming that a former Reed Smith partner's use of the antidepressant Paxil caused him to commit suicide in 2010 on March 20 denied the drug maker's motion to strike portions of testimony from a plaintiff's expert of the amount of data he had access to that purportedly showed that suicidal events were underreported during studies (Wendy Dolin v. SmithKline Beechman Corporation, d/b/a GlaxoSmithKline, No. 12-cv-6403, N.D. Ill.).



Federal Magistrate Judge Refuses To Exclude Real Estate Appraisal Testimony
CHICAGO - An Illinois federal magistrate judge on April 4 declined to bar testimony from real estate appraisers in a dispute over a lease's purchase option between a gasoline retailer and a landlord because excluding either appraisal would upset the current balance (Buchanan Energy [N] LLC v. Lake Bluff Holdings LLC, No. 15-3851, N.D. Ill., 2017 U.S. Dist. LEXIS 51403).



Fluidmaster MDL Judge Denies Class Certification, Limits Experts' Testimony
CHICAGO - The federal judge in Illinois presiding over litigation over allegedly defective connector nuts in plumbing hoses manufactured by Fluidmaster Inc. on March 31 denied certification of a nationwide class and a number of subclasses, finding that they failed to satisfy the requirements of Federal Rule of Civil Procedure 23, and limited the testimony proffered by experts on both sides (In re: Fluidmaster, Inc., Water Connector Components Products Liability Litigation, MDL 2575, No. 14-cv-5696, N.D. Ill., 2017 U.S. Dist. LEXIS 48792).



Stucco Remediation Expert's Methodology Not Reliable, Relevant, Judge Rules
ORLANDO, Fla. - A stucco remediation expert's methodology for calculating the cost to repair homes made by Pulte Home Corp. that have improperly installed stucco is not reliable or relevant, a federal judge in Florida ruled March 10 in granting the builder's motion to exclude the testimony (Shaun Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla.).



Judge Denies Certification Of Class Over Defective Shingles, Strikes Some Experts
TRENTON, N.J. - A federal judge in New Jersey on March 28 denied a motion to certify a class for consumers of cedar shingles that allegedly cup and curl due to water retention and struck testimony from experts for the plaintiffs and manufacturer Maibec Inc. (Ilene Stern, et al. v. Maibec, Inc., No. 11-3951, D. N.J.).



Federal Judge Allows Expert Opinion On Stock Trade In Class Action Securities Suit
COLUMBUS, Ohio - An economic expert may opine as to whether the market in which a company's stock traded was efficient during a class period and whether it is possible to calculate damages on a classwide basis for purposes of liability, an Ohio federal judge ruled March 17 (Alan Willis v. Big Lots Inc., et al., No. 12-0604, S.D. Ohio, 2017 U.S. Dist. LEXIS 38933).



Testimony On Accounting Malpractice Is Reliable, Federal Judge Concludes
MINNEAPOLIS - A causation and liability expert "provides a meaningful summary of his accounting malpractice opinion," a Minnesota federal judge held March 28, also granting in part summary judgment to accounting firms to preclude recovery as to damages related to certain penalties, payment for delinquent taxes and attorney fees (Boris A. Miksic v. Boeckermann Graftsrom Mayer LLC, et al., No. 15-539, D. Minn., 2017 U.S. Dist. LEXIS 46906).



Federal Judge Says Expert Testimony Is Permitted In Racial Discrimination Suit
CHICAGO - Expert testimony on sociological and statistical analysis is allowed in a racial discrimination lawsuit between an employer and its former employees to discuss whether minority employees received disparate treatment, an Illinois federal judge held March 24, finding that the testimony meets the standards set forth in Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993) (Kenneth Martin, et al. v. F.E. Moran Inc. and Fire Protection of Northern Illinois, No. 13-03526, N.D. Ill., 2017 U.S. Dist. LEXIS 42974).



Town's PCB Claim Against Monsanto Fails, Judge Says; Expert Exclusions 'Moot'
BOSTON - A federal judge in Massachusetts on April 7 granted a motion for summary judgment dismissal of claims for breach of warranty brought by a town against Monsanto and its affiliates related to polychlorinated biphenyls (PCBs) in a school building on grounds that the town failed to show that an alternate design was feasible. As a result of that dismissal, the judge ruled that motions to exclude expert witness testimony were "moot" (Town of Westport v. Monsanto Company, No. 14-12041, D. Mass.; 2017 U.S. Dist. LEXIS 53815).



Court: Causation Opinion Admissible, Punitives OK In $6.5M Asbestos Verdict
FRESNO, Calif. - A judge properly admitted expert testimony that every identifiable exposure to asbestos contributes to mesothelioma, a California appeals court held March 17, while also rejecting challenges involving tobacco use and an award of punitive damages (Charity Faith Phillips, et al. v. Honeywell International Inc., No. F070761, Calif. App., 5th Dist.).



Court Rejects Mandamus Challenge To Texas Asbestos MDL Expert Ruling
DALLAS - Two asbestos defendants have not shown that a traditional appeal could not remedy their complaints about a judge's ruling regarding the admissibility and sufficiency of experts, a Texas appeals court held March 2 in denying a petition for writ of mandamus (In re Exxon Mobil Corp., f/k/a Exxon Corp., SeaRiver Maritime Inc. and SeaRiver Maritime Financial Holdings Inc., et al., No. 14-17-00133-CV, Texas App., 14th Dist.).



Judge: Expert's Report Satisfactory, But Must Limit Opinion To General Causation
NEW ORLEANS - An expert's conclusion that six defendants' products couldn't have caused a man's mesothelioma impermissibly leaps to specific causation from his general causation opinion regarding chrysotile asbestos' role in the disease, a federal judge in Louisiana held March 6 (William C. Bell, et al. v. Foster Wheeler Energy Corp., et al., No. 15-6394, E.D. La., 2017 U.S. Dist. LEXIS 31117).



Judge Nixes Class In Insureds' Suit Claiming Pharmacy Gouged On Generic Drugs
SAN FRANCISCO - The variety of contracts at issue and evidence that at least some of the contracted pharmacy benefit managers (PBMs) understood that a pharmacy's usual and customary rate did not include the rate offered for generic drugs in its membership program defeat a motion for class certification of insured purchasers of generic drugs, a federal judge in California held March 21 (Christopher Corcoran, et al. v. CVS Health, et al., No. 15-3504, N.D. Calif., 2017 U.S. Dist. LEXIS 40783).



U.S. Supreme Court Denies Review Of Testimony On Wiretapped Conversations
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied review of a convicted drug dealer's petition on whether inadmissible layperson testimony was presented from an investigating officer on his own interpretations of language contained in wiretapped telephone conversations (Clarence Williamson Jr. v. United States of America, No. 16-882, U.S. Sup.).



West Virginia High Court: Cell Data Testimony Was Allowed In Error But Not Harmful
CHARLESTON, W.Va. - Although a police officer improperly testified as a lay witness regarding historical cell site data to support a conviction against a woman for felony murder and conspiracy to commit robbery, the West Virginia Supreme Court of Appeals held March 2 that the testimony did not create a prejudicial impact on the jury's finding (State of West Virginia v. Tulsa Johnson, No. 16-0265, W.Va. Sup.; 2017 W. Va. LEXIS 120).



Retrograde Extrapolation Testimony Fails Daubert's 'Fit' Test, Appeals Panel Says
RALEIGH, N.C. - Although a police officer's retrograde extrapolation testimony failed to satisfy the "fit" test under Daubert v. Merrell Dow Pharmaceuticals Inc. by not being properly tied to the facts, a North Carolina appeals panel on March 7 found no prejudicial error because there was sufficient evidence that a woman was "appreciably impaired" (State of North Carolina v. Lori Lee Babich, No. COA16-762, N.C. App.; 2017 N.C. App. LEXIS 133).



Panel Finds No Error In Admission Of Medical Examiner's Testimony
CORPUS CHRISTI, Texas - Finding no error in the admission of a medical examiner's testimony based on reliable evidence, a Texas appeals panel on Feb. 9 affirmed a woman's conviction for injury to a child causing bodily injury (Smita Chakravarthy v. The State of Texas, No. 13-14-00086-CR, Texas App., 13th Dist., 2017 Tex. App. LEXIS 1114).



Court Affirms Injury To Child Conviction, Finds Testimony On Head Trauma Reliable
AUSTIN, Texas - Expert testimony from three medical doctors on the subject of abusive head trauma was reliable, the Texas Court of Criminal Appeals ruled Feb. 15, upholding a woman's conviction in a bench trial for first-degree-felony injury to a child after an infant under her care sustained serious internal head injuries (Jennifer Banner Wolfe v. The States of Texas, No. PD-0292-15, Texas App., Crim., 2017 Tex. Crim. App. LEXIS 215).



8th Circuit Affirms Daubert, Evidence Suppression Rulings In Child Porn Case
OMAHA, Neb. - A trial court properly found that a procedural notice error in the application of a warrant that led to a child pornography conviction did not prejudice the defendant, an Eighth Circuit U.S. Court of Appeals panel ruled Feb. 17, upholding the denial of the defendant's motion to suppress evidence obtained via the warrant (United States of America v. Kirk Cottom, No. 16-1050, 8th Cir., 2017 U.S. App. LEXIS 2789).



Panel Affirms Conviction For Cocaine Possession, Finds Lack Of Objection To Testimony
TOPEKA Kan. - Affirming a man's conviction for possession of cocaine, the Kansas Court of Appeals ruled Feb. 10 that the man failed to timely object at trial to the admission of expert testimony and a lab report that both established that the white powdery substance discovered in his wallet was cocaine (State of Kansas v. Oscar C. Rodriguez-Mendez, No. No. 114,985, Kan. App., 2017 Kan. App. Unpub. LEXIS 82).



Judge Partially Bars Police Captain's Testimony In Constitutional Rights Suit
CHARLESTON, S.C. - In a married couple's lawsuit alleging violation of their constitutional rights by a police officer during a traffic stop, a South Carolina federal judge on March 2 excluded in part testimony from a police captain who is also an attorney that served to bolster the credibility of the police officer (Jerome C. Newkirk Sr. v. James B. Enzor, individually and as an officer of the South Carolina Highway Patrol, and the South Carolina Department of Public Safety, No. 13-1634, Catherine B. Newkirk v. James B. Enzor, individually and as an officer of the South Carolina Highway Patrol, and the South Carolina Department of Public Safety, No. 13-1635, D. S.C., 2017 U.S. Dist. LEXIS 29333).



Judge Restricts Expert From Testifying On Legal Conclusion To Detective's Probable Cause
TAMPA, Fla. - An expert may testify as to his knowledge of police procedures and investigative techniques and whether they were followed by a detective in his mortgage fraud investigation of a married couple, a Florida federal judge ruled Feb. 16; however, the expert may not testify as to the ultimate legal conclusion of whether probable cause existed (Ricky Shew and Frances Shew v. William Horvath, No. 16-766, M.D. Fla., 2017 U.S. Dist. LEXIS 21748).



Judge Finds Fact Issue On Police Officer's Liability With Admission Of Expert Opinions
MADISON, Wis. - Based on admitted opinions from police practices experts and forensic pathology experts, a Wisconsin federal judge ruled Feb. 13 that what happened between a police officer and a deceased man is "sharply and genuinely disputed" and thus, whether the officer's use of force was objectively unreasonable is an issue that must be resolved at trial (The Estate of Tony Robinson Jr., ex rel. personal representative Andrea Irwin v. The City of Madison, Wis., and Matthew Kenny, No. 15-502, W.D. Wis., 2017 U.S. Dist. LEXIS 20733).



Expert Testimony Supports Burden On Prisoner's Religious Exercise, Magistrate Judge Says
CORPUS CHRISTI, Texas - With the admission of a retired prison official's expert testimony, a Texas federal magistrate judge found March 7 that a prison's grooming policy requiring short hair imposes "a substantial burden" on prisoners' religious exercise (Teddy Norris Davis, et al. v. Lorie Davis, director, TDCJ-CID, No. 12-166, S.D. Texas; 2017 U.S. Dist. LEXIS 31944).



Judge Allows Testimony On Lost Profits, Royalty Damages In Patent, Trademark Suit
SAN JOSE, Calif. - In a patent and trademark infringement dispute between competitors in the fitness and exercise equipment industry, a California federal judge on March 6 refused to exclude expert testimony on lost profits damages and royalty damages (Fitness Anywhere LLC v. WOSS Enterprises LLC, No. 14-01725, N.D. Calif.; 2017 U.S. Dist. LEXIS 31505).



Judge Decides Motions To Exclude Testimony In Patent Infringement Suit
MINNEAPOLIS - A Minnesota federal judge on Feb. 24 decided several motions to exclude expert testimony on damages, lost profit and opinions on claim construction in an infringement lawsuit over patents related to frames and seating positions of snowmobiles (Bombardier Recreational Products Inc. and BRP U.S. Inc. v. Arctic Cat Inc. and Arctic Cat Sales Inc., No. 12-2706, D. Minn.; 2017 U.S. Dist. LEXIS 26517).



Federal Judge Rejects Motorola's Request For Daubert Hearing
MARSHALL, Texas - A Texas federal judge on Feb. 21 partially granted a motion to exclude testimony on damages in a patent infringement case, but found that most of the expert's opinions did not justify exclusion under Daubert v. Merrell Dow Pharms. Inc. before trial (Saint Lawrence Communications LLC v. ZTE Corp., et al., No. 2:15-cv-349, E.D. Texas, 2017 U.S. Dist. LEXIS 23505).



Judge Excludes Expert In Trademark Lawsuit For Lack Of Experience
GREENBELT, Md. - A federal judge in Maryland on Feb. 21 excluded the testimony of an expert in a trademark infringement lawsuit on grounds that his opinions were "non-substantiated proclamations on the ultimate questions of law and he lacked the requisite training education or experience in the relevant field of proffered expertise" (JFJ Toys Inc., et al. v. Sears Holdings Corporation, et al., No. 14-3527, D. Md.).



Insurer's Case On 'Collapse' Issue On Retrial Fails Without Expert Testimony, Judge Says
SEATTLE - Having excluded an insurer's expert testimony in a retrial as inadmissible, a Washington federal judge on March 1 ruled that the insurer cannot establish whether alleged "collapse" conditions observed in 2008 at an insured's condominium complex were present during another insurer's policy periods (Houston General Insurance Co. v. St. Paul Fire & Marine Insurance Co., et al., No. 11-2093, W.D. Wash.; 2017 U.S. Dist. LEXIS 29177).



Judge Rejects Insurer's Request To Exclude Testimony On Sinkholes
TAMPA, Fla. - A Florida federal judge on Feb. 22 denied an insurer's motion to exclude expert testimony on sinkhole damage, finding that the expert's methodology is reliable and that the testimony will assist a trier of fact (Goetz D. Vehse v. Liberty Mutual Fire Insurance Company, No. 8:16-cv-599, M.D. Fla., 2017 U.S. Dist. LEXIS 24483).



Judge Excludes Causation Testimony From Homeowners' Expert On Stucco Installation
ORLANDO, Fla. - A civil engineer's education, experience and expertise in stucco installation was not enough to show that his testimony in support of a proposed class action filed by homeowners against Pulte Home Corp. satisfied the requirements of Daubert v. Merrill Dow Pharmaceuticals, 509 U.S. 579 (1993), a federal judge in Florida ruled March 3 in granting the home builder's motion to exclude (Shaun Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla., 2017 U.S. Dist. LEXIS 30251).



Couple Cannot Pursue Personal Injury Claims From Spray Foam Fumes, Judge Rules
NEW HAVEN, Conn. - A federal judge in Connecticut on Feb. 17 held that a couple could pursue claims that allegedly improper installation of spray polyurethane foam (SPF) insulation in their home resulted in property damage requiring remediation but that they failed to provide causation evidence to show that they suffered respiratory problems after being exposed to volatile organic compound (VOC) vapors from the products (Richard Beyer, et al. v. Anchor Insulation Co. Inc., et al., No. 13 CV 1576, D. Conn., 2017 U.S. Dist. LEXIS 23434).



Federal Judge Allows Expert Testimony From Both Sides In Wrongful Death Lawsuit
NEW BERN, N.C. - Two medical doctors may testify that a decedent suffered a cardiac event before falling from his wheelchair, a North Carolina federal judge held March 1, also allowing an expert for the decedent's side to testify as to the cause of death (Gwendolyn Jackson Pinnix and Warren Ivan Jackson, executors of the estate of David W. Jackson Sr. v. SSC Silver Stream Operating Company LLC, No. 14-00161, E.D. N.C.; 2017 U.S. Dist. LEXIS 28679).



Judge: Expert Testimony Is Reliable For Strict Products Liability Case
SAN ANTONIO - A plaintiff's expert sufficiently relied "upon his engineering background, knowledge of basic principles and inspection of the winch at issue in this case in formulating his testimony," a Texas federal judge ruled March 1, declining to exclude the testimony in a strict products liability lawsuit (Christopher Villegas v. Cequent Performance Products Inc., No. 15-473, W.D. Texas; 2017 U.S. Dist. LEXIS 28597).