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June 02, 2026
ATLANTA — Joint hearings on the admissibility of expert witnesses in cases alleging that Depo-Provera, a long-lasting injectable contraceptive, caused women to develop intracranial meningiomas, a type of brain tumor, that are pending in state courts and a federal multidistrict litigation in Florida will proceed after the 11th Circuit U.S. Court of Appeals on June 1 denied a petition for writ of mandamus filed by claimants with cases pending in a Delaware state court.
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June 02, 2026
FORT WORTH, Texas — A Texas federal judge held that the testimony of two experts in a dispute over insurance coverage for alleged storm damage to two commercial buildings was inadmissible and that the insurer is entitled to summary judgment on breach of contract and state insurance law claims because the insured failed to provide evidence from which a jury could segregate covered and uncovered damages.
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June 01, 2026
NEWARK, N.J. — The New Jersey Supreme Court found that under In re Accutane Litigation, “any dispute about the reliability of expert testimony in a civil case [must] be resolved by the trial court, acting as gatekeeper” and remanded a case to a lower court to determine the admissibility of experts retained by a woman who alleges that she was left partially blind after the use of a defective pharmaceutical product.
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June 01, 2026
NEW ORLEANS — After the Fifth Circuit U.S. Court of Appeals denied en banc rehearing, the panel withdrew and replaced its opinion dismissing claims against BP Exploration & Production Inc. and an affiliate in an injury case related to the Deepwater Horizon Oil Spill, but still refusing the defendants’ request that the panel reach a conclusion about the admissibility requirements for general causation expert testimony.
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May 29, 2026
WASHINGTON, D.C. — The U.S. Patent Trial and Appeal Board (PTAB) wrongly concluded that a technology company’s technical expert’s testimony was conclusory and unsupported while considering inter partes review (IPR) proceedings the company initiated challenging another entity’s patent describing a digital educational content delivery system, a Federal Circuit U.S. Court of Appeals panel held in a May 28 opinion.
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May 28, 2026
NEW ORLEANS — The Louisiana federal judge overseeing the multidistrict litigation for cases alleging that a chemotherapy drug caused eye injuries limited testimony that a regulatory expert retained by the drug manufacturer can offer, finding that the neurologist is qualified but that some of her proposed testimony is impermissible under Federal Rule of Evidence 702, Fed. R. Evid. 702.
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May 27, 2026
WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel held that a Michigan federal judge wrongly barred a technology company from seeking unjust enrichment damages against Ford Motor Co. and wrongly vacated a jury’s award of breach of contract damages; the panel also affirmed a finding that Ford had misappropriated the company’s trade secrets related to software used in vehicle development.
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May 26, 2026
WASHINGTON, D.C. — The U.S. Supreme Court on May 26 denied a petition for a writ of certiorari in a case brought by Union Carbide Corp. and an affiliate in which they argued that the court should review a Fourth Circuit U.S. Court of Appeals opinion pertaining to the correct legal standard for the admissibility of an expert under Federal Rule of Evidence 702 in an ethylene oxide (EtO) injury case.
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May 26, 2026
Entries are in alphabetical order of the expert in each area of expert testimony. Experts appeared in the January, February, March, April and May 2026 issues of Mealey’s Daubert Report.
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May 26, 2026
PHILADELPHIA — The opinions expressed during the deposition of a former commissioner of the U.S. Food and Drug Administration who was retained as an expert for plaintiffs in the multidistrict litigation involving diabetes and diet drugs that consumers allege caused gastrointestinal and other injuries were adequately disclosed in pretrial reports, the Pennsylvania federal judge overseeing the MDL ruled in denying a motion to limit his testimony.
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May 26, 2026
BOSTON — A Massachusetts federal judge in a pair of orders largely denied motions to exclude expert testimony in a fraud and misrepresentation case stemming from the sale and transfer of a barge, finding that the proposed topics meet the admissibility standards for reliability and relevance.
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May 26, 2026
FAYETEVILLE, Ark. — An expert in nonprofit best practices can testify in a criminal case against a couple accused of diverting funds because her testimony is relevant and will assist a jury, a federal judge in Arkansas held.
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May 26, 2026
TRENTON, N.J. — Experts retained by a man charged with vehicular homicide should be allowed to testify that the cause of death was not from the accident but from a lethal dosage of morphine administered to the 94-year-old woman as part of palliative care for her advanced dementia and Alzheimer’s disease, and there is no need to hold a hearing to determine whether that testimony is relevant, the New Jersey Supreme Court held.
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May 26, 2026
RICHMOND, Va. — A South Carolina federal judge erred in dismissing a slip-and-fall case after ruling that a man was required to present expert testimony on causation to link his injury to a convenience store’s negligence, the Fourth Circuit U.S. Court of Appeals held in reversing a summary judgment award.
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May 26, 2026
NEW YORK — An expert can opine that a kitchen appliance was defectively designed and resulted in a woman being injured, a New York federal judge held, rejecting claims from the manufacturer that “the expert failed to employ appropriate techniques to reach the rather unremarkable conclusion that gravity still works.”
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May 22, 2026
TRENTON, N.J. — The special master involved in the federal multidistrict asbestos-talc ovarian cancer litigation said she would allow supplemental briefing on a trio of plaintiff-side specific causation experts after Johnson & Johnson entities complained about mid-hearing changes to opinions that altered the scope of the litigation. Among the complaints were that one of the experts used artificial intelligence on the stand, which required the special master to admonish the witness.
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May 22, 2026
PHILADELPHIA — There was no abuse of discretion in excluding an expert in a slip-and-fall case after finding that the expert based his opinions on the store’s condition two years after the incident and that his testimony would not assist a jury, a Third Circuit U.S. Court of Appeals panel held, affirming a defense jury verdict for Walmart Inc.
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May 22, 2026
WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on May 21 affirmed a Delaware federal judge’s finding that a biopharmaceutical company’s patents related to a medication to treat kidney disease were not infringed by other biopharmaceutical companies’ filing for approval of a generic version of the drug by adding more than the claimed amount of a specific molecule to the generic version.
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May 20, 2026
NEW ORLEANS — A defense expert may testify that a man suffers from chronic obstructive pulmonary disease (COPD) in addition to other asbestos-related illnesses, a federal judge in Louisiana said May 19 in denying a motion to exclude. In other developments, the court announced that the man had settled with Shell USA Inc. and asked the court to reconsider summary judgment on a nonintentional tort claim, and the parties wrapped briefing on a plaintiff expert’s “contaminated house” testimony.
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May 18, 2026
ST. PAUL, Minn. — A Minnesota appellate court on May 15 reversed a summary judgment award for a dentist in a malpractice suit after finding that a lower court erred in finding that a man’s expert’s affidavit did not meet the statutory requirements for a dental malpractice suit and that the expert’s testimony was inadmissible.
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May 15, 2026
NEW YORK — A New York federal judge ordered the government and two men charged with wire fraud to supplement their expert report disclosures in partially granting a motion to exclude the defendants’ expert witnesses, finding that he needs more information as to what the experts will testify about at trial.
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May 13, 2026
OAKLAND, Calif. — A couple and the two remaining defendants in a Los Angeles asbestos case told the judge overseeing the litigation that they reached a settlement resolving the case. The judge previously limited the testimony defense experts could give about the plaintiff’s previous radiation treatments.
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May 07, 2026
HUNTINGTON, W.Va. — Testimony from an expert retained by a man who sued his former employer will not assist a jury in determining whether the man was fired in retaliation for using leave under the Family and Medical Leave Act (FMLA), a West Virginia federal judge said in a May 7 order granting a motion to exclude his testimony.
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May 06, 2026
CHICAGO — A widow who alleges that an insurance company wrongfully denied her claim for the proceeds from her husband’s life insurance policy cannot present testimony from an insurance industry expert after a federal judge in Illinois found his testimony unreliable and irrelevant.
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May 05, 2026
NEW ORLEANS — A Louisiana federal judge on May 4 ruled that an expert can testify about the relative safety of a speed bump that a woman allegedly tripped over in a Costco parking lot and denied the store’s motion for summary judgment.