Author: Expert Witness Profiler
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Expert Testimony Limited in Identity Theft Credit Reporting Dispute
Oleksandr Panchenko, a Ukrainian national, first entered the U.S. in 2009 on a J-1 visa and received a Social Security Number. He lived intermittently in the U.S. until 2019, then returned permanently in April 2023 for work. In May 2023, he discovered over $120,000 in fraudulent accounts on his credit report, including unauthorized cards, bank…
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Civil Engineering Expert Employed a Reliable Methodology for Segregating Damages
In this insurance coverage dispute, Plaintiff Will Properties Inc. brought claims against Defendant Century Surety Company for breach of contract, common law bad faith, and violations of the Texas Insurance Code. Plaintiff alleged that its exhibition center in Harker Heights, Texas was covered by Defendant’s policy, which included hail and windstorm coverage, from November 1,…
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Legal Expert Allowed to Testify Despite His Lack of Particularized Expertise
The Federal Trade Commission contended that Amazon tricked, coerced, and manipulated consumers into subscribing to Amazon Prime. According to the FTC, this was accomplished by failing to disclose the material terms of the subscription clearly and conspicuously and by failing to obtain the consumers’ informed consent before enrolling them. The FTC also alleged that Amazon…
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Human Factors Expert’s Testimony on Dark Patterns Excluded
The Federal Trade Commission contended that Amazon tricked, coerced, and manipulated consumers into subscribing to Amazon Prime. According to the FTC, this was accomplished by failing to disclose the material terms of the subscription clearly and conspicuously and by failing to obtain the consumers’ informed consent before enrolling them. The FTC also alleged that Amazon…
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Relying on Personal Intuition Is Not a Valid Methodology for an Entertainment Industry Expert
This copyright infringement action concerns two musical works: Plaintiff, Rene Lorente Garcia’s 1998 song Algo Diferente (“AD”), and the 2021 track Don’t Be Shy (“DBS”), performed by Tijs Michiel Verwest (“Tiësto”) and Carolina Giraldo-Navarro (“Karol G”). Plaintiff brought two claims: direct infringement against Karol G and Tiësto (“Count I”); and contributory and vicarious infringement against Atlantic Recording Corporation (“Atlantic”),…
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Expert Testimony Survives Daubert Challenge in Surgical Mesh Injury Case
Connie Thacker (Plaintiff) received two surgical mesh devices, Prolift and TVT-Secur, as implants on May 8, 2009. Both devices were manufactured by Ethicon, Inc. and were designed to treat pelvic organ prolapse and stress urinary incontinence in women. Later, Thacker sued, alleging damages resulting from the use of these devices and identified Elizabeth Laposata as her “Case-Specific…
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Law Enforcement Expert’s Testimony Regarding the Standard of Care in an Involuntary Detention Setting Admitted
This case arises out of Plaintiff Gregory Palm’s claim that he received deficient medical care while incarcerated in the Jones County Jail and Baldwin County Detention Center. Sheriff Butch Reese, Captain Shane Moody, Lieutenant Brent Skinner, and Lieutenant Dalton Hart (hereinafter “Defendants”) disclosed Kathryn Wild and Paul Cappitelli as expert witnesses. Plaintiff Gregory Palm filed…
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Neuropsychology Expert’s Testimony on Marijuana Use Admitted
This is a product liability case arising from a motorcycle accident. Plaintiff Cameron Woodall alleged that on September 9, 2022, he was severely injured while wearing a motorcycle helmet allegedly designed and manufactured by Defendants Yohe Helmet Manufacturing Co., Ltd. and Foshan City Nanhai Yongheng Helmet Manufacturing Co., Ltd.; and distributed and sold by Defendant…
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Marketing Expert Employed Techniques Widely Accepted in Market Research Community
The Federal Trade Commission contended that Amazon tricked, coerced, and manipulated consumers into subscribing to Amazon Prime. According to the FTC, this was accomplished by failing to disclose the material terms of the subscription clearly and conspicuously and by failing to obtain the consumers’ informed consent before enrolling them. The FTC also alleged that Amazon did…
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Deaf Culture Expert’s Testimony Rests on Specific Qualifications, Not General Experience
This is a failure to accommodate case brought by the Equal Employment Opportunity Commission (EEOC) on behalf of two former Walmart associates, Marvin Montoya (“Montoya”) and Raymond Moore (“Moore”) (collectively, “Claimants”), alleging Walmart violated the Americans with Disabilities Act (“ADA”) when it purportedly failed to accommodate the Claimants’ disability, resulting in their constructive discharge. Walmart…
