Author: Expert Witness Profiler
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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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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…
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Mechanical Engineering Expert Witness Allowed to Testify Because She Explained the Forces Involved in Plaintiff’s Fall
F/V Mary Virginia is a vessel owned and operated by Westbank Fishing,LLC. Plaintiff Timothy Milne sustained personal injuries while working as a second engineer aboard the F/V Mary Virginia. Milne alleged that on May 14, 2023, he slipped on a slick substance and fell approximately 14 feet from the gunnel of a purse boat to…
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Architecture Expert Witness Barred from Testifying About Slope and Cross-Slope Because His Opinions Were Not Timely Disclosed
On March 19, 2018, Ralph Monte (“Monte”) visited the Defendant Sherwin-Williams Development Corporation’s store at 4473 South Semoran Boulevard in Orlando, Florida. While attempting to negotiate the ramp from the parking lot to the sidewalk, a wheelchair-bound Monte fell and sustained injuries. He claimed that the fall occurred because Defendant negligently maintained the premises and/or…
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Claimants’ Arguments Address the Weight of the Government’s Experts’ Statements
On March 2, 2022, President Biden instructed the Department of Justice (“DOJ”) to seize the assets of wealthy Russians as part of his administration’s response to the Russian operations in Ukraine. Specifically, the Government sought forfeiture of the M/Y Amadea, International Maritime Organization (“IMO”) No. 1012531, including all fixtures, fittings, manuals, stocks, stores, inventories, and…
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Neurosurgery Expert Witness’ Causation Testimony Regarding Elbow Infection Excluded
On March 19, 2018, Ralph Monte (“Monte”) visited the Defendant Sherwin-Williams Development Corporation’s store at 4473 South Semoran Boulevard in Orlando, Florida. While attempting to negotiate the ramp from the parking lot to the sidewalk, a wheelchair-bound Monte fell and sustained injuries. He claimed that the fall occurred because Defendant negligently maintained the premises and/or…
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Chemistry Expert Witness’ Testimony Admitted Because He Conducted An Independent Analysis of FDA Regulations
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…
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Accident Reconstruction Expert Witness’ Testimony Admitted Despite His Failure to Calculate G-Force
On October 24, 2019, William Harrison Sims (Plaintiff) was driving his 2004 BMW 330Ci (the “Vehicle”) in Florida when another vehicle unexpectedly turned left in front of him, causing a minor accident. As a result of the collision, the Vehicle’s front driver-side airbag was signaled to deploy. However, the airbag inflator unexpectedly ruptured and shot…