14 Cited authorities

Hamburger v. State Farm Mut. Auto. Ins. Co.
361 F.3d 875 (5th Cir. 2004) Cited 307 times
Holding that an insurer's finding that $16,039.10 was adequate compensation for pain and suffering was not “bad faith per se” and that summary judgment was appropriate even though a jury awarded the insured $50,000 for pain and suffering
Hooks v. Nationwide Hous. Sys., LLC
CIVIL ACTION NO: 15-729 SECTION: "J"(3) (E.D. La. Jul. 11, 2016) Cited 30 times
Noting that general causation required the plaintiffs to establish, "by a preponderance of evidence, that they were exposed to a level of mold sufficient to cause health effects."
Russ v. Safeco Ins. Co. of Am.
CIVIL ACTION NO. 2:11cv195-KS-MTP (S.D. Miss. Mar. 26, 2013) Cited 23 times
Determining that the jury should benefit from hearing a financial expert's opinions given her study of numerous technical documents relating to an insured's financial condition
Amstar Corp. v. S/S Alexandros T.
664 F.2d 904 (4th Cir. 1981) Cited 73 times
Relying on long-standing Supreme Court authority in Mullane v. Cent. Hanover Bank & Tr. Co., 339 U.S. 306, 313-16, 70 S.Ct. 652, 94 L.Ed. 865, and Hagar v. Reclamation Dist. No. 108, 111 U.S. 701, 708, 4 S.Ct. 663, 28 L.Ed. 569
Anders v. Hercules Offshore Servs., LLC
311 F.R.D. 161 (E.D. La. 2015) Cited 19 times
For Cedric Anders, Plaintiff: Timothy John Falcon, LEAD ATTORNEY, Jarrett S. Falcon, Jeremiah A. Sprague, Falcon Law Firm, Marrero, LA; Juan C. Obregon, Mouledoux, Bland, Legrand & Brackett, LLC, New Orleans, LA; Roderick D. Ward, III, Stevens & Ward, PA, Jackson, MS. For Hercules Offshore Services, LLC, Defendant: David S. Bland, LEAD ATTORNEY, Bland & Partners PLLC (Houston), Houston, TX; Laura L. Gongaware, Mallory Gershen Wynne, Matthew C. Guy, Bland & Partners, PLLC (New Orleans), New Orleans
Deeds v. Whirlpool Corp.
Civ. A. H-15-2208 (S.D. Tex. Oct. 17, 2016) Cited 7 times
Civ. A. H-15-2208 10-17-2016 JUDITH DEEDS and DAVID DEEDS, Plaintiffs, v. WHIRLPOOL CORPORATION and SEARS, ROEBUCK AND CO., Defendants. MELINDA HARMON UNITED STATES DISTRICT JUDGE OPINION AND ORDER Pending before the Court in the above referenced products liability case is Defendants Whirlpool Corporation ("Whirlpool") and Sears, Roebuck and Co.'s ("Sears'") second motion for summary judgment (instrument #22) on Plaintiffs' pending claims for breach of express warranty, implied warranty of merchantability
Young v. United States
181 F.R.D. 344 (W.D. Tex. 1997) Cited 21 times
Concluding that plaintiffs wrongly designated treating physicians as experts; "[t]hese witnesses acquired knowledge of this case by direct observation, not later consultation"
Moore v. Lipscomb Oil Co.
CIVIL ACTION NO.: 3:13-CV-267-MPM-SAA (N.D. Miss. Mar. 10, 2015) Cited 4 times
CIVIL ACTION NO.: 3:13-CV-267-MPM-SAA 03-10-2015 JACKIE MOORE PLAINTIFF v. LIPSCOMB OIL COMPANY, INC. DEFENDANT S. Allan Alexander UNITED STATES MAGISTRATE JUDGE ORDER The defendant Lipscomb Oil Company, Inc. has filed a motion in limine to exclude all of plaintiff's expert treating physicians. Docket 117. In response, the plaintiff Jackie Moore argues that Lipscomb's motion is untimely and should have been filed before the motions deadline of September 29, 2014. Docket 123. As a critical point in
Capital Metropolitan Transportation Auth. v. Gillig Corp.
Case No. A-04-CA-094-SS (W.D. Tex. May. 10, 2005)
Case No. A-04-CA-094-SS. May 10, 2005 ORDER SAM SPARKS, District Judge BE IT REMEMBERED on the 10th -day of May 2005, the Court reviewed the file in the above-styled cause, and specifically, Plaintiff Capital Metropolitan Transportation Authority's ("Capital Metro") Motion for New Trial and Motion for Modified Judgment [#147]. Having reviewed the motion, the response, the relevant law, and the case file as a whole, the Court now enters the following opinion and orders. Background This case arises
Amstar Corp. v. M/V Alexandros T.
472 F. Supp. 1289 (D. Md. 1979) Cited 15 times
Awarding expenses of handling and testing damaged cargo of sugar, as well as loss of value of cargo
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 95,025 times 653 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,670 times 255 Legal Analyses
Adopting the Daubert standard

Global Oil Tools, Inc. v. Expeditors International of Washington, Inc. et al

14 Cited authorities

Holding that an insurer's finding that $16,039.10 was adequate compensation for pain and suffering was not “bad faith per se” and that summary judgment was appropriate even though a jury awarded the insured $50,000 for pain and suffering

Noting that general causation required the plaintiffs to establish, "by a preponderance of evidence, that they were exposed to a level of mold sufficient to cause health effects."

Determining that the jury should benefit from hearing a financial expert's opinions given her study of numerous technical documents relating to an insured's financial condition

Relying on long-standing Supreme Court authority in Mullane v. Cent. Hanover Bank & Tr. Co., 339 U.S. 306, 313-16, 70 S.Ct. 652, 94 L.Ed. 865, and Hagar v. Reclamation Dist. No. 108, 111 U.S. 701, 708, 4 S.Ct. 663, 28 L.Ed. 569

Concluding that plaintiffs wrongly designated treating physicians as experts; "[t]hese witnesses acquired knowledge of this case by direct observation, not later consultation"

Awarding expenses of handling and testing damaged cargo of sugar, as well as loss of value of cargo

Adopting Fed.R.Civ.P. 37

Adopting the Daubert standard