Author: Expert Witness Profiler
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Mechanical Engineering Expert Witness’ Testimony Fits the Pertinent Causation Inquiry
This case arises from injuries Plaintiff Cherie Ferrell sustained on November 15, 2020 when she fell into a City of Atlanta water utility meter box. Ferrell alleged that the improperly secured water meter lid and the lack of “warning of the uneven pavement elevation change” caused her injuries. On the morning of November 15, 2020,…
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Accounting Expert Witness’ Testimony on Firing Personnel and Cutting Costs Post-Closing Admitted
Plaintiffs Weston D. McArtor (“McArtor”) and BEI Services, Inc. (“BEI Services”) (collectively, “Plaintiffs”), brought this civil action against the Defendants Valsoft Corporation Inc. (“Valsoft”) and Aspire USA, LLC dba Aspire Software (“Aspire”) (collectively, “Buyers” or Defendants”). This action involved the sale of Plaintiffs’ business, Nexera, to Defendants. Prior to the acquisition, Nexera was in the business of…
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Finance Expert Witness’ Testimony on ESG Activism Does Not Require Specific Scientific Support
Every year millions of workers set aside their hard-earned dollars to save for retirement. To protect the interests of these workers, Congress passed the Employee Retirement Income Security Act of 1974 (“ERISA”), to remedy “the great personal tragedy” caused by mismanagement of retirement plans that left workers with little to no savings. This class action lawsuit is…
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Design Defect Theories Employed by Mechanical Engineering Expert Witness Deemed Unreliable
On August 23, 2021, Plaintiff Virginia Huss used a Ninja BL660 blender, designed and manufactured by Defendant SharkNinja Operating LLC, to blend a mixture of chocolate chips that she had microwaved for 60 to 90 seconds. After blending, Huss attempted to twist open the blender lid and the lid shot off the blender cup, causing…
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Roofing Expert Witness Allowed to Testify Despite Not Complying with Expert Disclosure Requirements
Eric Krajewski alleged that he submitted a claim for hurricane damage that Scottsdale Insurance Company will not pay despite coverage under the parties’ insurance policy. To recover the funds reportedly owed, Krajewski sued for breach of contract. Krajewski timely disclosed an expert—Phaion Hicks. But according to the record before the Court, Krajewski never provided a corresponding…
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Construction Expert Witness Allowed to Opine on the Reasonableness of the Use of Xactimate
In November 2021, a fire caused severe damage to the home of Michael and Alexis Wright, located in Goldendale, Washington, a rural area about 70 miles from Yakima, Washington. The Wrights filed a claim with their insurer, State Farm, which immediately confirmed coverage. In January 2022, the adjuster assigned to the Wrights’ file, Timothy Treat, finalized…
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Automotive Engineering Expert Witness’ Testimony Survives Rule 37 Exclusion Sanction
Vicki Oetjens had surgery in October of 2020. Had all gone to plan, a diseased portion of her colon would have been removed, then the healthy ends would have been stapled together. But when the surgical stapler was deployed, no staples fired. This left a hole in Vicki’s large intestine requiring surgical repair. Vicki had…
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Banking Expert Witness Not Allowed to Opine on the Materiality of Documents Submitted
A grand jury indicted Rasta Khalid Walid (“Walid”) on 17 counts, including failure to pay legal child support, bank fraud, false statements to a bank, engaging in monetary transactions, and false, fictitious, and fraudulent claims. Walid filed a notice disclosing the proposed testimony of two expert witnesses he intended to use at trial: In response,…
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Psychology Expert Witness’ Supplemental Report on Complex PTSD Struck as Untimely
Plaintiff Arthur Williams (“Plaintiff”) filed this action against Defendants East Meadow Union Free School District, Matthew Melnick, Scott Eckers, Alisa Baroukh, Eileen Napolitano, Joseph Parisi, Marcee Rubenstein, Melissa Tell, Dr. Kenneth Card, and Dr. Patrick Pizzo (collectively, “Defendants”), alleging discrimination based on race, color, and age, as well as a hostile work environment and retaliatory…
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Accounting Expert Witness’ Disgorgement Analysis Using Full Absorption Method Admitted
Plaintiff Multiple Energy Technologies, LLC (“MET”) accused Under Armour of false advertising in relation to certain products that contain bioceramic powder. MET contended that Under Armour inaccurately claimed that the Federal Food and Drug Administration had determined that those products enhanced recovery. Under Armour sells activewear and sleepwear products directly to consumers. This includes the…
