Author: Expert Witness Profiler
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Employment Law Expert Witness’ Opinion Regarding the Application of the MCA Exemption Excluded
Plaintiffs, currently or formerly employed by Defendants as lawn and landscape workers, bring this class and collective action under the Fair Labor Standards Act (“FLSA”) and state law, alleging that Defendants failed to pay overtime compensation for all hours worked in excess of 40 in a workweek. Defendants have retained Brian Farrington to provide an expert…
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Industrial Hygiene Expert Witness’ Calculations of Dosage Exposure to Asbestos Admitted
On October 27, 2020, Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma. He filed a lawsuit against several Defendants, including Defendant Huntington Ingalls Incorporated (“Avondale”), claiming that his disease resulted from asbestos exposure that occurred from the 1950s to the 1980s. With respect to Avondale, Sentilles asserted that he was personally exposed to asbestos when…
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Law Enforcement Expert Witness Prohibited From Testifying About the Existence of Probable Cause For Arrest
On February 26, 2024, the Defendant David Boruchowitz, a Deputy Sheriff with the Nye County Sheriff’s Office (NCSO), collaborated with Ken Johnson, a former Valley Electric Association (VEA) employee to arrest Angela Evans, the then-CEO of the Valley Electric Association (“VEA”), the entity responsible for providing power to residents of Nye County. Ken Johnson was…
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Accounting Expert Witness Reliably Calculates Damages Measure by Reasonable Royalties
This is a trademark infringement case involving the trademarked phrase “Freedom Pop”. Plaintiff Proccor Pharmaceuticals, Inc. (“Proccor”) contended that Defendant GAT Sports infringed upon its alleged trademark for a “Freedom Pop” flavored Pre-Rx pre-workout supplement. GAT Sports essentially argued that the phrase was used in a non-trademark, descriptive, way to describe the flavor of its…
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Credit Reporting Expert Witness’ Testimony on Consumer Access to OFAC Information Admitted
The present consumer class action stemmed from Defendant Experian Information Solutions, Inc.’s (“Defendant” or “Experian”) violations of the Fair Credit Reporting Act (“FCRA”) and the California Consumer Credit Reporting Agencies Act (“CCRAA”). Experian violated consumers’ rights under these laws by failing to implement procedures that ensure the highest possible accuracy of the consumer background records…
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Hiring a Neutral Medical Expert Witness is Not Necessary When Complex Questions Are Not Raised
Plaintiff being a state prisoner proceeding pro se with a civil rights complaint sought the appointment of an expert witness in the field of psychiatry and mental health treatment and care and a neutral expert familiar with policies and procedures of the California Department of Corrections and Rehabilitation. Plaintiff alleged that while he was housed…
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Education & Schools Expert Witness’ Testimony Excluded Because of its Untimeliness and Insufficiency
In October 2023, Plaintiff Leslie Baldwin sued Kalispell School District #5 and Glacier High School (collectively “the District”) on behalf of her minor son, K.B., alleging that K.B. was sexually assaulted in February 2022 on a bus returning from a school-sanctioned wrestling event. The District sought to exclude the testimony of Baldwin’s retained expert, Thom…
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Court Rejects Accident Reconstruction Expert Witness’ Attempt to Springboard OSHA Regulations Outside of the Work Environment
On September 19th, 2021, Co-Plaintiff Cándida Cabrera visited the restaurant called Romano’s Macaroni Grill, located at Las Catalinas Mall in Caguas, Puerto Rico. At a certain point, Co-Plaintiff Cándida Cabrera was in the process of exiting the seating booth, and one of her feet slightly tripped on one of the spikes under the table. Given…
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Vocational Rehabilitation Expert Witness’ Opinions On Wage Rates in the Mexican Labor Market Admitted Despite Alleged Flaws
After Aries Marine filed its Complaint for Exoneration from or Limitation of Liability (the “Limitation Action), seven individuals filed claims for personal injury, including Glenn Gibson, Ronald Williams, Luis H. Jimenez (aka Gilberto Gomez Rojas), Gabriel Vilano, Lee Bob Rose, Tomas Arce-Perez, and Calvin Abshire. The first six Claimants referenced above have retained Glenn Hebert…
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Survey Research Expert Witness’ Testimony Admitted Because the Court Found No Evidence of Actual Confusion among Respondents
In this trademark dispute, Defendants SuccessfulMatch.com and Successful Match Canada (both, Successful Match) sought to cancel on genericness grounds the registration of trademarks asserted by Plaintiffs Clover8 Investments and Reflex Media, Inc. As Successful Match puts it, the trademarks in question “are used in connection with seeking a companion in the ‘Sugar Daddy’ and ‘Sugar…
