Author: Expert Witness Profiler
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Marketing Expert Not Allowed to Opine on Consumer Reaction
This class action lawsuit arises out of Amazon’s practice of using smart-speaker technology (“Alexa”) to surreptitiously: (a) intercept; (b) eavesdrop; (c) record; (d) disclose; or (e) use millions of Americans’ voices and communications, all without their knowledge or consent. Such conduct blatantly violates Washington’s wiretapping law, which applies nationwide to Plaintiffs and all members of…
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Insurance Expert Allowed to Opine on Diagnostic Methods
This first-party property damage case arises from a dispute to insurance benefits related to a July 15, 2019 hailstorm. AMCO issued a policy of insurance (the “Policy”) to PTT Properties, Inc. for property located at 411 Sable Boulevard, 525 Sable Boulevard, 501 Sable Boulevard, and 14410 E. 6th Avenue, Aurora, Colorado 80111 (collectively, “the Property”).…
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Construction Expert’s Testimony on Financial Ability Excluded
This case arises out of the Parties’ failed construction contract. Plaintiff Fifth Side Lodging, LLC is an entity formed for the sole purpose of developing a Fairfield Inn and Townplace Suites hotel in Edina, Minnesota. Rise is a commercial contractor specializing in “multifamily and hospitality modular construction projects.” In May 2019, Fifth Side and Rise began negotiating…
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Healthcare Administration Expert’s Testimony on Consent Form Excluded
Plaintiff Jacqueline Garrison applied for a job as a United Airlines ramp service employee. Garrison, like all ramp service applicants, had to perform a physical capability assessment. Like all applicants, Garrison had to fill out several forms, provided by Datafit, before taking the physical test. Garrison argued that the Consent & Authorization Form solicits family…
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Emergency Medicine Was Expert Allowed to Opine on Correctional Oversight
Approximately 30 hours after Mark Beckner was booked into the Santa Cruz County Jail, he was found dead in his cell. Beckner’s son, Brandon Beckner, and his estate (“Plaintiffs”) filed suit asserting that the County of Santa Clara, correctional officers, and jail personnel were deliberately indifferent to Beckner’s serious medical needs in violation of federal…
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Automotive Expert’s Opinion on Lost Sales Excluded
Plaintiff Sun State Ford initiated this action for monetary, declaratory, and injunctive relief on September 8, 2023. Defendant Ford Motor Company is a manufacturer and distributor of Ford brand vehicles, and Plaintiff is a constituent franchise dealer. This case arises from Defendant’s alleged breach of oral contracts, perpetration of unfair business dealings, and other unlawful…
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Biogas Expert Allowed to Opine on Oxygen Requirements
In 2015, the City of Sioux Falls (the “City”) “commissioned the Sioux Falls Water Reclamation Facility Digester Gas Conditioning System Project (the ‘Project’) to add a new digester gas conditioning system to its water reclamation facility that would remove high concentrations of hydrogen sulfide to concentrations below 100 parts per million volume (ppmv), and that…
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Accident Reconstruction Expert’s Testimony on Traffic Density Excluded
This action involves a motor vehicle accident in which James Francis O’Rourke was killed. Plaintiff, as Personal Representative of the Estate of O’Rourke, alleged that Defendants caused the accident by the negligent and wanton transportation of a superload in Alabama. The superload and a vehicle operated by O’Rourke collided on a bridge. Plaintiff proffered Travis…
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Architecture Expert Was Allowed to Opine on the Safety Screening Area
This action arises out of a March 18, 2019 trip-and-fall accident (the “Accident”) that occurred in the lobby of the Suffolk County Supreme Court Courthouse located at 1 Court Street, Riverhead, New York (the “Courthouse”). Plaintiff Carole Gutterman was using a cane as she went through the Courthouse’s security checkpoint due to a prior, unrelated,…
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Automotive Expert’s Testimony on Exemplar Testing Excluded
This is a products liability action concerning a 1998 Ford Expedition owned by Plaintiff, Lorelle Thompson. On December 27, 2016, Plaintiff was driving the vehicle in her neighborhood and stopped near her mailbox to check her mail. Upon exiting the vehicle, Plaintiff fell to the ground. While Plaintiff was on the ground, the vehicle rolled…
