Author: Expert Witness Profiler
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Naturopathic Medicine Expert Not Allowed to Opine on the Hospital Management of COVID-19
Plaintiff Vanessa Buss brought a disability accommodation claim against her former employer Defendant PeaceHealth. Buss offered the report of Dr. Colleen Huber, a naturopathic doctor, to support her assertion that PeaceHealth could have accommodated her by offering ivermectin as COVID-19 prophylaxis. PeaceHealth filed a motion to exclude Huber’s testimony because she is unqualified “to render…
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Social Work Expert Was Not Allowed to Opine on Trauma and Mental Health
This matter concerns Claudia Arias’ removal from the University of Washington Tacoma Bachelor of Arts in Social Work (“BASW”) Program. Defendants filed motions to exclude Plaintiff’s expert witnesses Allison Osborne and Merrill A. Cohen. Social Work Expert Witness Allison Osborne, MSW, LICSW, SUDP is a forensic social worker with almost a decade of experience working…
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Physical Medicine and Rehabilitation Expert Was Allowed to Opine on Long-Term Care
Mark McCown was working as a locomotive engineer for Defendant Norfolk Southern Railway Company at the Bulls Gap, Tennessee Rail Yard. McCown was standing on the ballast slope next to the track when the rock he was standing on gave way and McCown fell onto his backside. He immediately experienced pain upon his fall and…
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Construction Expert Allowed to Opine on Causes of Project Delay
P&E is a Kansas-based contractor who entered into a design-build contract with WI RNG Hub North, LLC, for a renewable natural gas production facility in Gillet, Wisconsin (the “Project”) to be completed by February 27, 2023. The Project included construction of two buildings to house process equipment for producing renewable natural gas from dairy cow…
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Flood Expert Was Not Allowed to Opine on the Foreseeability of the Flood
Defendants—Sanford, Sanford Health, and the Evangelical Lutheran Good Samaritan Society—allegedly owned or operated the Good Samaritan Kissimmee Village (Good Samaritan), a senior-living complex located near Kissimmee, Florida. In 2017, Good Samaritan sustained then-unprecedented flood damage from Hurricane Irma that was purportedly exacerbated by a critical failure of the property’s waste-water treatment facility, resulting in contamination…
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Human Resources Expert Not Allowed to Opine on Employees’ Rights
Plaintiff Toby Pack, a CSX employee, applied for leave under the Family and Medical Leave Act (FMLA) due to chronic kidney stones. Although CSX initially approved Pack’s application, it subsequently charged him with FMLA misuse and terminated him. Pack sued, alleging that CSX fired him in retaliation for his taking FMLA leave. Pack intended to…
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Security Expert Allowed to Opine on Venue Management
On July 30, 2022, Plaintiff Gary Stanhope attended a Luke Bryan concert at the Xfinity Theatre in Hartford, Connecticut with friends. The group stood on the asphalt walkway in the general admission area, between Sections 500 and 600, behind the railing separating the lawn from the reserved seating. At approximately 10:00 P.M., Stanhope was assaulted…
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Fire Investigation Expert Was Not Allowed to Opine on the Grill Installation
This case arises from a fire that occurred on April 13, 2020 at the Nashville home of Ethan and Ashley Colclasure. The Colclasures’ home, at the time, was insured by a policy (“Policy”) issued by Plaintiff Central Mutual Insurance Company (“CMIC”). Pursuant to the terms of the Policy, CMIC paid a substantial sum to the…
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Human Resources Expert Was Not Allowed to Opine on Overtime Exemption Status
Plaintiffs are current and former AutoZone employees, all of whom held roles as Store Managers between the years 2019 and 2022 and worked under district managers who oversaw operations in Montana. Due to AutoZone’s demographic structure, the collective currently includes Plaintiffs that work in AutoZone stores outside of Montana. Plaintiffs alleged that AutoZone willfully misclassified…
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Business Valuation Expert Not Allowed to Opine on Corrective Advertising Damages
Plaintiff-Appellant Makina Ve Kimya Endustrisi A.S. (“MKE”) appeals from a judgment of the United States District Court for the Southern District of New York arising from MKE’s suit against Defendants-Appellees for their unauthorized use of MKE’s wordmark and logo in connection with soliciting customers to purchase MKE ammunition. MKE challenged the judgment insofar as it…
