Author: Expert Witness Profiler
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Privacy Expert’s Testimony on Alexa Users Limited
This class action lawsuit arises out of Amazon’s practice of using smart-speaker technology (“Alexa”) to surreptitiously: (a) intercept; (b) eavesdrop; (c) record; (d) disclose; or (e) use millions of Americans’ voices and communications, all without their knowledge or consent. Such conduct blatantly violates Washington’s wiretapping law, which applies nationwide to Plaintiffs and all members of…
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Mechanical Engineering Expert Allowed to Opine on Clear Warnings
This lawsuit arises out of the death of Timothy L. Stringer (“Stringer”) resulting from a May 15, 2021, explosion on an offshore oil and gas production platform owned by Fieldwood Energy LLC (“Fieldwood”). At the time of the accident, Stringer was working on the platform and, along with another employee, was performing a pressure integrity…
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Human Resources Expert Was Not Allowed to Opine on an Employer’s Obligations
Plaintiff Andrew Brown alleged that CSX Transportation, Inc. violated his rights under the Family and Medical Leave Act (FMLA) by subjecting him to CSX’s attendance policy and by suspending and ultimately terminating him for taking FMLA leave. Brown hired Beth De Lima, a “Human Resource / Vocational Rehabilitation consultant,” to offer an expert opinion on…
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Industrial Hygiene Expert’s Testimony on Asbestos Exposures Admitted
In this litigation, Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner (collectively, “Plaintiffs”) alleged that Decedent Michael P. Dandry, Jr. (“Decedent”), while an employee for Defendant Huntington Ingalls Incorporated (“Avondale”), was exposed to asbestos and asbestos-containing products manufactured, distributed, sold, and/or handled by Avondale and other parties. Avondale filed a Daubert motion to exclude the testimony…
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Beauty Industry Expert Was Allowed to Opine on Skinnification
Plaintiff Vicious Brands, Inc., doing business as Saints & Sinners, brought this action against Defendants Face Co., LLC, Skin Saint, LLC, and Holly Cutler, alleging that Defendants infringed Plaintiff’s trademark and falsely advertised Defendants’ skincare products. Plaintiff relied in part on an expert declaration of Karen Young, a beauty industry consultant. Defendants challenged the declaration…
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Economics Expert’s Testimony on Lost Productivity Excluded
This case involves alleged damage to a plasma cutter that was to be used for a welding business. Plaintiff Giger Welding and Fabrication, LLC (“Giger”), purchased a plasma cutter from an auction in Texas to assist with its welding business in Missouri. To get the plasma cutter to Missouri, Giger contracted with Defendants DFW Movers…
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Radiation Oncology Expert’s “State of the Art” Opinions Admitted
In this litigation, Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner (collectively, “Plaintiffs”) alleged that Decedent Michael P. Dandry, Jr. (“Decedent”), while an employee for Defendant Huntington Ingalls Incorporated (“Avondale”), was exposed to asbestos and asbestos-containing products manufactured, distributed, sold, and/or handled by Avondale and other parties. Avondale filed a Daubert motion to exclude certain…
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Data Science Expert Was Not Allowed to Opine on Uncompensated Hours
Plaintiffs Keith Fischer, Michael O’Sullivan, John Moeser, Louis Pia, Thomas Barden, Constance Mangan, and Charise Jones, (collectively “Plaintiffs”), sought class action certification for their claims against Government Employees Insurance Company (“GEICO”) for failing to pay overtime wages in violation of the New York Labor Law (“NYLL”). Plaintiffs and the Class Members are current and former…
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Narcotics Expert Was Not Allowed to Opine on the Practice of “Cutting” Drugs
On April 22, 2023, Maxfer Palma was arrested with a man named Keith Tyler-Parker. Tyler-Parker was holding a backpack and satchel that contained drugs, including methamphetamine and fentanyl, drug paraphernalia, and a gun. He made statements to police that supposedly connected Palma to the bags. The government intended to call Special Agent Hakeem Oduniyi to…
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Musicology Expert’s Testimony on Creative Correspondence Excluded
From approximately January 1995 through 1997, Plaintiff Robert Wheeler was in the band “Throwin Stones.” In January 1995, Throwin Stones recorded the songs for its only studio album. One of those songs was called Coffee. He alleged that John Mellencamp’s song Key West Intermezzo (I Saw You First) (“Key West”) copied the song Coffee. Plaintiff…
