In an opinion filed on December 16, the Sixth Circuit discussed a Daubert question that the court declared to be a “close call,” but ultimately agreed with the district court’s finding that the expert testimony was admissible. The Daubert issue was on appeal as part of a complex case that involved a claim made by … Continue Reading
Maintaining the trend we reported before, the Sixth Circuit has rejected the expert opinions offered by plaintiff in Simmons v. Novartis Pharmaceuticals Corp., No. 11-5053. The case is part of the multidistrict ligation (MDL) proceedings in relation to Zometa and Aredia, drugs used to treat bone problems in cancer patients and produced by Novartis. To make her case, the … Continue Reading
As we reported last week, a trend has emerged in the Sixth Circuit with expert witnesses facing difficult challenges so far this year. Recently, however, one expert survived the more rigorous scrutiny. In V&M Star Steel v. Centimark Corporation, (No. 10-3584) (V&M Star Steel.pdf), V&M sued Centimark Corporation (“Centimark”) alleging breach of contract and negligence stemming … Continue Reading
Continuing a recent trend in the Sixth Circuit, expert witnesses have faced difficult challenges so far this year. As we reported, in 2010, the court issued its decision in Tamraz v. Lincoln Electric Company.pdf, 620 F.3d 665 (6th Cir. 2010), which indicated a renewed emphasis on the court’s gate-keeping role in the context of Daubert challenges. In 2011, the … Continue Reading
In Andler v. Clear Channel Broadcasting, Inc., the Sixth Circuit held yesterday that lower earnings in the two years prior to her injury were not determinative of the amount the plaintiff would earn in the future. The plaintiff was injured after stepping into a hole in a campground, and claimed damages for a loss of … Continue Reading
An appeal of a recent Northern District of Ohio decision will soon give the Sixth Circuit another chance to weigh-in on Daubert and the role of experts. In Andersons, Inc. v. LaFarge North America, Inc., the district court granted a $3.2 million judgment in favor of Andersons, Inc. The plaintiff had leased railroad cars to … Continue Reading
Adding to line of cases that started a year ago with Tamraz v. Lincoln Elec. Co., 620 F.3d 665 (6th Cir. 2010) (discussed here), the Sixth Circuit has again tightened the requirements for expert testimony under Rule 702 and Daubert in Thomas v. Novartis Pharmaceuticals Corp.pdf, Nos. 09-6147, 09-6272, 09-6274. As previously reported last September, a … Continue Reading
