Author: Expert Witness Profiler
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Testimony of Economics Expert Witness Excluded Because of his Inability To Produce a Coherent Model
Plaintiffs brought an antitrust lawsuit against Defendants, asserting that Defendants entered a set of agreements with each other and their broadcast partners that suppressed the output of telecasts of out-of-market professional football games, resulting in higher prices for Sunday Ticket. Since Judge Philip Gutierrez decided the opinions provided by the Plaintiffs’ expert witnesses regarding financial…
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Orthopedic Surgery Expert Witness’ Opinion on Alleged Personal Orthopedic Injuries Admitted
Plaintiff Rickie Russell, Jr. (“Russell) alleged that, on August 13, 2021, Terry Delmer Prater (“Prater”) crashed an 18-wheeler truck into Russell’s roadside work crew Russell claimed he was pinned between two vehicles and suffered serious injuries as a result of that motor vehicle collision. Russell brought suit against Defendants Prater and Big V Feeds, Inc.…
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Economics Expert Witness’ Report ran afoul of Rule 26 Requirements
Plaintiff, a long-time employee of Chevron, filed his First Amended Complaint on August 22, 2023 and alleged that Chevron’s Pascagoula Refinery had been marred by racism and sexism, that his contributions to the company exceeded his compensation, and that “discriminatory practices have prevented him from being promoted.” The issue before the Court is whether the…
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Neurology Expert Witness’ Opinions About the Potential Presence of a Mild Traumatic Brain Injury Admitted
Plaintiff Rickie Russell, Jr. (“Russell) alleged that, on August 13, 2021, Terry Delmer Prater (“Prater”) crashed an 18-wheeler truck into Russell’s roadside work crew Russell claimed he was pinned between two vehicles and suffered serious injuries as a result of that motor vehicle collision. Russell brought suit against Defendants Prater and Big V Feeds, Inc.…
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Insurance Expert Witness’ Testimony Regarding the Storm Damage and Cost of Necessary Repairs Admitted
This case arises from a claim for wind/hail damage that allegedly occurred on or around December 5, 2021. The damage occurred to Plaintiffs’ property located at 16207 E. 47th Place, Tulsa, Oklahoma. State Farm inspected the home twice and found minor hail damage. State Farm did not observe any hail damage to the roof itself.…
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Architectural Design Expert Witness’ Opinions on Retail Safety Excluded
On July 12, 2019, Plaintiff Karen Morgan went shopping for her son at Defendant’s Dick’s Sporting Goods (“DSG”) store in Gaithersburg, Maryland. As she walked through the store, she stopped to look at a display of women’s clothing. After she stooped down to look at the clothes on the bottom shelf, she felt a sudden…
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Economics Expert Witness Employs a “Before and After” Methodology to Quantify Plaintiff’s Damages
This action arises out of an alleged October 22, 2016 arrest and subsequent criminal prosecution of Plaintiff, which concluded with Plaintiff’s conviction for misdemeanor battery upon Officer Ermeri. On October 20, 2020, Plaintiff Richard John Lucibella (“Lucibella”) filed a nine-count complaint in state court against Officer Richard Ermeri (“Ermeri”), Officer Savino (“Savino”), and the Town…
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Mechanical Engineering Expert Witness’ Theories Explaining the Tire Blowout Partly Admitted
This case stems from a tire blowout that occurred while Plaintiff Kenneth Harris was at work driving his employer’s truck, which was outfitted with tires manufactured by Defendant Michelin North America. That tire blowout caused Harris’s truck to flip multiple times, resulting in injuries to his “neck, back, hip, arm, elbow, and head.” Causation is…
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Accounting Expert Witness’ Testimony About Misleading Financial Records Admitted
In this alleged fraudulent transfer case, Plaintiff Shuler Drilling Company, LLC (“Shuler”) obtained a judgment in the Western District of Arkansas against Southern Management, a company wholly owned by the Disiere Defendants. After some contentious, post-judgment discovery disputes in Arkansas, Shuler brought the present action under the Texas Uniform Fraudulent Transfer Act (“TUFTA”) against the…
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Criminal Law Expert Witness’ Disclosure Fails to Comply with Rule 16 Requirements with Respect to Three Bullet Points
In a white-collar criminal case where Defendants were charged with conspiracy to commit securities fraud and wire fraud in a pump-and-dump scheme through a publicly traded company, Defendants Paul Spivak and Olga Smirnova filed a motion to exclude the testimony of Peter Melley under Rule 16 of the Federal Rules of Criminal Procedure. Melley is…
