Daubert Law
 
Roy v. Dackman

Perhaps the Beatles were expressing skepticism about self-styled experts and their
opinions or just singing nonsense lyrics. Courts do not have the luxury to be ambiguous
about such things. They are called upon frequently to assess the qualifications of
proffered expert witnesses and the worthiness of their proposed opinion testimony as
potential aids to fact-finders. This i... More...
   $0 (10-24-2015 - MD)

Gray, Ritter & Graham, PC; Wolf Haldenstein Adler Freeman & Herz, LLC; Neblett Beard & Arsenault, LLP; Don M. Downing; and Adam J. Levitt v. Goldman Phipps PLLC f/k/a Goldman Pennebaker & Phipps, PC; Mikal C. Watts, PC; and Murray Law Firm

Appellants, Gray, Ritter & Graham, P.C. (“GRG”), Wolf Haldenstein Adler Freeman
& Herz LLC (“WHAFH”), Neblett Beard & Arsenault LLP (“NBA”), Don M. Downing, and
Adam J. Levitt, appeal the trial court’s denial of their special appearances. Appellants
served as leadership counsel representing the plaintiffs in multidistrict litigation in federal
court against Bayer CropScience L.P. a... More...
   $0 (10-08-2015 - TX)

Dick Anthony Heller v. District of Columbia

At issue in this suit is the constitutionality of certain gun laws enacted by the District of Columbia. The district court determined as a matter of law that the District’s efforts “to combat gun violence and promote public safety” by means of its registration laws were “constitutionally permissible.” Heller v. District of Columbia, 45 F. Supp. 3d 35, 38 (D.D.C. 2014). Before this court, Dick Anth... More...   $0 (09-18-2015 - DC)

Weiser-Brown Operating Company v. St. Paul Surplus Lines Insurance Company

This case involves an insurance dispute between Plaintiff Weiser-Brown Operating Company (“Weiser-Brown”) and Defendant St. Paul Surplus Lines Insurance Company (“St. Paul”). On September 7, 2012, after a four-day trial, a jury found that St. Paul breached its insurance contract with Weiser-Brown by failing to pay Weiser-Brown’s insurance claim for costs associated with the “loss of control” of an... More...   $0 (09-16-2015 - TX)

Bruce Smith v. ConocoPhillips Pipe Line Co.

Phillips 66 (Phillips) owns a petroleum products pipeline which runs through
the town of West Alton, Missouri. After a leak in the line was discovered in 1963,
its source was repaired, but the contamination at the leak site was not remediated. In
2002 contaminants from the leak were discovered in a family residence in West
Alton. Phillips purchased and demolished this property as w... More...
   $0 (09-15-2015 - MO)

C.W. and E.W. v. Textron, Inc.

Government regulators and scientists
agree: exposure to vinyl chloride poses serious health
2 No. 14-3448
risks to humans. Vinyl chloride is a known carcinogen, mutagen,
and genotoxin.1 But in what quantity and for how
long must a human—in this case, two infant children—be
exposed to vinyl chloride before those health risks materialize?
The experts for C.W. and E.W., th... More...
   $0 (08-26-2015 - IN)

United States of America v. Kevin Garcia Fuertes, a/k/a Kerlin Esquivel-Fuentest, a/k/a Flaco and German De Jesus Ventura, a/k/a Chino, a/k/a Chalo, a/k/a Pancho, a/k/a Chaco, a/k/a Oscar

These appeals arise from the prosecution of two members of an enterprise engaged in interstate prostitution. Following a two-week trial, a jury convicted Appellants Kevin Garcia Fuertes (“Fuertes”) and German de Jesus Ventura (“Ventura”) of conspiracy to commit, and commission of, a number of sex trafficking and related offenses. On appeal, Fuertes and Ventura make four assertions of error, two in... More...   $0 (08-18-2015 - MD)

Cooper v. Takeda Pharmaceuticals

Takeda, a pharmaceutical company headquartered in Japan, manufactures pioglitazone, a prescription drug used to treat type 2 diabetes, marketed in the United States since 1999 under the brand name Actos®. In 2006, plaintiff Jack Cooper was prescribed Actos® to treat his type 2 diabetes. He took Actos® continuously until he was diagnosed with bladder cancer in November 2011.
Jack and Nancy ... More...
   $0 (08-13-2015 - CA)

Lee Ann Wheelbarger v. The Landing of Counsel of Co-Owners

After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the association acted negligently, breached the association’s declarations and bylaws, and violated the Texas Property Code. T... More...   $0 (07-30-2015 - TX)

United States of America v. Michael Romano

Brooklyn, NY - Second Circuit affirms conspiracy convictions of two for mail and wire fraud

18 Defendants Michael Romano and William Kearney appeal from judgments of the
19 United States District Court for the Eastern District of New York entered by Sterling Johnson, Jr.,
20 Judge, following a jury trial before Joseph F. Bianco, Judge, convicting defendants of conspiracy to
21... More...
   $0 (07-27-2015 - NY)

Hearts With Haiti, Inc. and Michael Geilenfeld v. Paul Kendrick

Portland, ME - Michael Geilenfeld, age 63, and Heart With Haiti, Inc. sued Paul Kendrick, age 65, on defamation theories claiming that Kendrick wrongfully broadcaster false and defamatory statements about him in an email campaign starting in 2011 stating that Geilenfeld, the executive director of Heart With Haiti sexually abused some orphans in his care at his Haiti orphanage.

Kendrick s... More...
   $14500000 (07-25-2015 - )

Steve Hale v. State of Mississippi Democratic Executive Committee

In October 2013, William “Bill” Stone moved from Ashland in Benton County to
Holly Springs in Marshall County. He now seeks the Democratic Party nomination for the
newly-created Senate District 10, a district which encompasses parts of Marshall County,
including Stone’s home in Holly Springs, and parts of Tate County. On March 2, 2015, Steve
Hale,1 a resident of Tate County who al... More...
   $0 (07-24-2015 - )

DUBOIS et al. v. BRANTLEY et al.

This case presents a question about the qualification of expert witnesses
under OCGA § 24-7-702 (“Rule 702”), specifically, what sort of experience is
required of a practicing surgeon who is offered as an expert witness in a medical
malpractice case to opine that another surgeon breached the applicable standard
of medical care in the course of performing a surgical procedure. In Br... More...
   $0 (07-13-2015 - )

State of Nebraska v. Jose c. Oliveira-Coutinho

Vanderlei and Jaqueline moved from Brazil to Florida. While in Florida, their son Christopher was born. The family then moved to Omaha, Nebraska, as missionaries for their church to renovate an old school building located on South 16th Street. At some point, the church became financially unstable and Vanderlei became involved in his own renovation and construction projects. He purchased and was re... More...   $0 (07-10-2015 - )

STATE OF ARIZONA v. SERGIO ARTURO ROJO-VALENZUELA,

One evening in 2012, Tucson Police Officer Jared Wolfe responded to an emergency call concerning a man with a gun who was fleeing in a vehicle. He spotted the suspects’ vehicle and gave chase. After a high-speed pursuit through a residential neighborhood, the suspects suddenly stopped their car and fled on foot. Wolfe followed one suspect in his patrol car, shining his spotlight on him as he ju... More...   $0 (07-09-2015 - )

The City of Brownsville v. Julio Cesar Ahumada

Appellee Julio Cesar Ahumada brought a personal injury action against appellant the City of Brownsville (the City) for damages arising out of a traffic accident that occurred on December 3, 2008, in which a Brownsville city bus struck Ahumada. The trial court granted judgment on a jury verdict awarding Ahumada $218,982.44 in damages. The
2
City raises six issues on appeal which we address ... More...
   $0 (07-02-2015 - TX)

Richard E. Glossip v. Kevin Gross

Prisoners sentenced to death in the State of Oklahoma
filed an action in federal court under Rev. Stat. §1979, 42
U. S. C. §1983, contending that the method of execution
now used by the State violates the Eighth Amendment
because it creates an unacceptable risk of severe pain.
They argue that midazolam, the first drug employed in the
State’s current three-drug protocol,... More...
   $0 (06-30-2015 - DC)

In re: COX ENTERPRISES, INC. SETTOP CABLE TELEVISION BOX ANTITRUST LITIGATION. Richard Healy v. Cox Communications, Inc.

Cox Enterprises (“Cox”) is currently the defendant in a class-action antitrust
suit. Shortly before trial was set to begin—and after extensive discovery, class
certification, potentially dispositive motions, and a petition to this circuit—Cox
moved to compel arbitration. The district court determined that Cox’s assertion of its
right to arbitrate was overly late and incon... More...
   $0 (06-24-2015 - OK)

Tricia Ordaz v. SSM Healthcare Corporation and SSM Healthcare of Oklahoma, Inc. d/b/a St. Anthony Hospital-South

Oklahoma City, OK - Tricia Ordaz sued SSM Healthcare Corporation and SSM Healthcare of Oklahoma, Inc. d/b/a St. Anthony Hospital-South on medical negligence (medical malpractice) claiming:

1. Plaintiff is a citizen of Oklahoma.
2. Defendant SSM Health Care Corporation is foreign corporation with its principal place of business in a state other than Oklahoma, and doing business in Okla... More...
   $1 (06-18-2015 - OK)

Commonwealth of Massachusetts v. Kirk P. Camblin

NOTICE: All slip opinions and orders are subject to formal
revision and are superseded by the advance sheets and bound
volumes of the Official Reports. If you find a typographical
error or other formal error, please notify the Reporter of
Decisions, Supreme Judicial Court, John Adams Courthouse, 1
Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-
1030; SJCRepo... More...
   $0 (06-12-2015 - MA)

Michael D. Galier v. Murco Wall Products and Welco Manufacturing Company

Oklahoma City, OK - Michael D. Galier, age 51, from Moore, Oklahoma sued Murco Wall Products and Welco Manufacturing o Company on products liability theories claiming that he developed malignant mesothelioma as a direct result of being exposed to products containing asbestos claiming:

Statement of Material Facts To Which No Genuine Issue Existed Before Trial:

1. Plaintiff filed ... More...
   $60000000 (06-12-2015 - OK)

In Re: Chinese Manufactured Drywall Products Liability Litigation

(Order Approving Procedure for Payment of Other Loss Claims)
The Settlement Administrator, the Special Master, the Knauf Defendants, and the
Plaintiff’s Steering Committee have reported to the Court that they have agreed to procedures for
payment of Other Loss Claims. The Homebuilders’ Steering Committee does not oppose these
procedures. The proposed procedures are as follows:<... More...
   $0 (06-08-2015 - LA)

1132 Investment co. v. United States Aviation and William E. Lobeck

Tulsa, OK - 1132 Investment co. sued United States Aviation and William E. Lobeck seeking an accounting claiming:

1. 1132 Investment Co. is a corporation formed under the laws of Nevada with its principal place of business in Oklahoma.
2 1132 Aviation, LLC is a limited liability company formed under the laws of Nevada with its principle place of business in Oklahoma
3 United State... More...
   $0 (05-21-2015 - KO)

Betty Lou Adams v. Pfizer, Inc. f/k/a Wyeth, Inc. f/k/a American Home Products Corporation

Betty Lou Adams sued Pfizer, Inc. f/k/a Wyeth, Inc. f/k/a American Home Products Corporation; Wyeth Pharmaceuticals, inc.; Wyeth Pharmaceuticals, a Division of Wyeth, Inc.; Mona Motz, D.O.; and Standly Rogers, D.O. on product liability theories claiming:

1. This case involves the diet drugs fcnfluramine (Pondimin) and phentermine commonly known as fen phen and dexfenfluramine (Redux), whi... More...
   $1 (05-08-2015 - OK)

Phillip G. Roberts v. Roger E. Janitz, D.D.S.

Tulsa, OK - Phillip sued Roberts v. Roger E. Janitz, D.D.S. on a medical negligence (dental malpractice) theory claiming:

Plaintiff filed suit alleging Dr Janitz was guilty of professional negligence in treating Plamtiff by way of extracting multiple teeth for dentures Plaintiff alleges Dr Janitz breached his duty to provide care pursuant to the appropriate standard of care by removing an... More...
   $1 (05-07-2015 - OK)

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