Indiana Daubert Law

Charlotte Robinson v. Dovol, Inc. and C.R. Bard, Inc.

<center> <img width="300" src="http://www.insd.uscourts.gov/sites/insd/files/indianapolis.png"> </center> C.R. Bard, Inc., manufactures a sur-gical mesh patch used to repair hernias by implantation. The patch consists of two pieces of mesh that surround a flexible plastic ring. During a hernia repair, the patch is folded to fit through a small incision, then the plastic ring sprin... More...

$0 (01-22-2019 - IN)

Ray K. Haynes v. Indiana University

Ray Haynes was employed as an as-sistant professor in the Department of Education at Indiana University. At the end of his six-year probationary contract, he lost his bid for tenure. Haynes, who is black, alleges that the University denied his tenure application because of his race in violation of federal law. The district judge entered summary judgment for the University and we affirm. The judge�... More...

$0 (09-07-2018 - IN)

United states of America v. Ronald Tingle

Ronald Tingle was tried and convicted of possessing and distributing methamphetamine and of possessing a firearm in furtherance of a drug trafficking crime. On appeal, he argues that the district court erred when it allowed a government witness to give expert testimony without properly vetting the witness’s credentials and when it allowed the same witness to testify regar... More...

$0 (01-27-2018 - IN)

Alan E. Dewitt v. State of Indiana

On March 31, 2015, Officer Flaude Dillon of the Logansport Police Department, who also serves on the department’s meth suppression unit, received a tip concerning Dewitt and Jesse Dewitt (Jesse) from a fellow narcotics officer. The information prompted Officer Dillon to review records from the national pseudoephedrine database.1 Because Officer Dillon considered the qu... More...

$0 (04-29-2016 - IN)

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.... More...

$0 (08-26-2015 - IN)

Wanda Goodpaster v. City of Indianapolis

Appellants, who own bars in Indianapolis-Marion County, Indiana, filed suit seeking injunctive and declaratory relief against enforcement of the 2 No. 13-1629 2012 Indianapolis-Marion County smoking ordinance. The district court denied the bar owners' motion for a preliminary and permanent injunction and entered judgment in favor of the City. The bar owners now appeal. I. BACK... More...

$0 (11-25-2013 - IN)

Leonard Lapsley v. Xtek, Inc.

This appeal arose from an accident at a steel rolling mill that permanently disabled one of the workers there. The circumstances of that accident were unusual. Industrial grease was propelled in a jet with enough energy to penetrate and pass through the human body like a bullet. That jet hit and disabled plaintiff Leonard Lapsley. At trial the jury found that the accident was caused by a design de... More...

$0 (07-31-2012 - IN)

April Ortiz v. The City of Chicago

May Molina, a prominent civil rights activist known for protesting police practices, died in custody over 24 hours after officers arrested her on drug charges at her home. Molina was disabled, obese, and in poor health. She took daily medications for several ailments, including diabetes, a thyroid condition, hypertension, and asthma. Pursuant to a Chicago Police Department (CPD) policy that prohib... More...

$0 (08-25-2011 - IN)

Tracey Wallace and Eric Wallace v. Jonathan S. McGlothan

Dr. Jonathan S. McGlothan attempted to correct Tracey Wallace's vision problems through eye surgery, but the procedure ended up causing more harm than good. Tracey and Eric Wallace brought a diversity suit against Dr. McGlothan for medical malpractice under Indiana law. After a trial on causation and damages, the jury returned a verdict for the Wallaces and awarded nearly $700,000 in damages. On a... More...

$700000 (05-27-2010 - IN)

Annex Books, Inc., et al. v. City of Indianapolis, Indiana

Indianapolis revised its adult business ordinances in 2003. These amendments expanded the definition of "adult entertainment businessâ€ to include any retail outlet that devotes 25% or more of its space or inventory to, or obtains at least 25% of its revenue from, adult books, magazines, films, and devices. (Adult "devicesâ€ include vibrators, dildos, and body piercing implements.) See I... More...

$0 (09-03-2009 - IN)

Sofia Lopez De Manez, et al. v. Bridgestone Firestone North American Tire, LLC, et al.

This appeal arises out of one of the many cases that were filed against Ford Motor Company and Bridgestone/Firestone, Inc. (now known as Bridgestone Firestone North American Tire, LLC), after some Firestone tires installed on Ford Explorers exploded, often with catastrophic consequences. Although most of those lawsuits involved U.S. citizens who were driving their cars within the United States, a ... More...

$0 (07-17-2008 - IN)

Maverick Musser, etc. v. Daniel A. Roby; David J. Stach; and Roby & Hood Law Firm

Maverick Musser, by his parents and next friends, Mischelle and Michael Musser (the Mussers), filed a legal malpractice action against Daniel A. Roby, David J. Stach, and Roby & Hood Law Firm (collectively referred to as the Law Firm). The Mussers based their claim, in relevant part, upon the Law Firm's failure to properly disclose expert medical witnesses in a federal malpractice suit, which... More...

$0 (12-13-2007 - IN)

<a href="http://www.in.gov/judiciary/opinions/completed/09070401.jgb.html" target="_new">Steven Lytle, et al. v. Ford Motor Company</a>

Nearly six years after we first issued an opinion in this action, this case is before us once again. Appellant-plaintiff Steven Lytle, appeals the entry of summary judgment granted in favor of appellee-defendant Ford Motor Company (Ford) on his product liability claim against Ford for defective seatbelt design, alleging that the trial court erred in determining that evidence submitted by Lytle'... More...

$0 (09-08-2004 - IN)

<a href="http://www.in.gov/judiciary/opinions/archive/11040203.mpb.html" target="_new">Vaughn v. Daniels Company, Inc.</a>

This is an appeal from the granting of summary judgment in favor of the Defendants in a suit brought by Stephen Vaughn See footnote for injuries he sustained as a result of an accident while installing a pipe during the construction of a coal plant. We affirm in part and reverse in part. Facts Briefly summarized, the designated facts are that in 1995, Solar Sources, Inc. ("S... More...

$0 (11-04-2002 - IN)

<a href="http://www.in.gov/judiciary/opinions/completed/09170201.pdm.html" target="_new">Rick Armstrong v. Cerester USA, Inc. f/k/a American Maize, Inc.</a>

Rick Armstrong ("Armstrong") appeals the Lake Circuit Court's decision to grant Cerestar USA, Inc. f/k/a American Maize, Inc.'s ("Cerestar") Motion to Strike expert testimony submitted by Armstrong and Cerestar's Motion for Summary Judgment. Armstrong's issues on appeal are reordered and restated as: Whether the trial court abused its discretion when it granted Cerestar's Motion to Strike expert... More...

$0 (09-17-2002 - IN)