Author: Expert Witness Profiler
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Accident Reconstruction Expert’s Testimony on Human Factors Excluded
This case arises from a fatal automobile accident that occurred on September 22, 2017. Blake Haddox was traveling southbound on a motorcycle as Defendant Nicholas Roshon Moore drove a semi-truck in a northbound lane and turned left across traffic. The two collided, and Haddox died as a result. Plaintiffs planned to present the testimony and opinions of…
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Accounting Expert’s Opinions on Lost Profits Admitted
Plaintiffs Hadek Protective Systems B.V. and Hadek Protective Systems, Inc. (collectively “Hadek”) asserted in this action that Defendant Ergon Asphalt & Emulsions, Inc. (“Ergon”) breached a Master Agreement between the parties regarding the sale and distribution of PENNGUARD® Block Lining System Products made by Ergon (the “Master Agreement”). By its choice, Hadek’s sales were limited to PENNGUARD®…
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Marketing Expert’s Testimony Excluded Due to His Inherent Bias
Plaintiff Grasshopper Gardens, Inc., a lawncare and landscaping services provider, accused PMA Mechanical LLC, a heating, ventilation, and air conditioning (“HVAC”) service provider, of trademark infringement, unfair competition, and false designation of origin. Plaintiff retained Dr. Eli Seggev to conduct a survey on the likelihood of confusion between the marks at issue in this case…
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Psychology Expert Allowed to Opine on the Causes and Effects of Sexual Harassment
Raeshon Strickland filed a lawsuit against Associated Foods Stores, Inc., alleging that she was subjected to sexual harassment and a hostile, intimidating, and offensive work environment. Strickland further contended that she experienced retaliation after opposing or reporting the misconduct. Defendant filed a motion to exclude part of the expert report prepared by Plaintiff’s expert, Dr.…
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Expert Testimony on Driver Hiring and Retention Practices Admitted
In July 2019, Plaintiff Amy Kessler was driving her car on Interstate 90 when she was rear-ended by a semitruck owned by Defendant McFarland Truck Lines, Inc. that, at the time, was being operated by Defendant Archie Gross within the scope of his employment with McFarland. As a result of the injuries she sustained in…
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Toxicology Expert’s Testimony on Hair Follicle Testing Admitted
Plaintiff Darius Danzy filed this suit against CSX Transportation Inc. in this action under Title VII of the Civil Rights Act of 1964, as amended (“Title VII”) alleging “unlawful employment practices on the basis of race.” Plaintiff’s claims arise out of a pre-employment drug-screening that Defendant administered to Plaintiff through third party drug testing companies,…
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Consumer Credit Expert’s Opinion on Damages Limited
This matter arises out of Plaintiff Tyler Oatway’s July 2023 ill-fated attempt to purchase a car from used car dealer Definitive Motors. Definitive Motors obtained Oatway’s credit reports from the three major credit reporting agencies (“CRAs”) through Defendant 700 Credit, LLC, which is a reseller of consumer information. According to Oatway, 700 Credit and Experian Information…
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Orthopedic Surgery Expert’s Testimony on Knee Injury Admitted
Plaintiff Maria Marano slipped and fell while at a Sam’s Club store. She subsequently filed a negligence lawsuit against Defendant Sam’s East, Inc., alleging that she sustained a meniscal tear in her knee as a result of the fall. Defendant disputes whether there is a causal connection between the fall and injury. Marano offered Dr.…
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Human Trafficking Expert’s Testimony About Shell Companies Admitted
Jane Doe 3, a victim of Jeffrey Epstein’s abuse, sued Darren K. Indyke and Richard D. Kahn in their capacities as the executors of Jeffrey Epstein’s estate for participating in a sex-trafficking venture in violation of the Trafficking Victims Protection Act (TVPA). Doe’s rebuttal expert, Jane Khodarkovsky, is a former state and federal prosecutor who…
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Survey Research Expert’s Testimony on Economic Harm and Damages Admitted
Linda Sunderland and Benjamin Binder, amongst others, filed this putative class action against Defendant PharmaCare U.S., Inc., asserting consumer protection and breach of warranty claims based on its Sambucol product, a dietary supplement that is alleged to contain a proprietary extract of black elderberry. Defendant filed a motion to exclude Plaintiffs’ experts, Dr. J. Michael…
