Author: Expert Witness Profiler
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Real Estate Appraisal Expert Witness’ Valuation Excluding the Effect of the Pandemic Deemed Inadmissible
On August 16, 2021 (“Vesting Date”), the Plaintiff, the National Railroad Passenger Corporation (“Amtrak”), acquired the property at 260-270 Twelfth Avenue, New York, New York (New York County Block 675, Lot 1), through its power of eminent domain, as codified in 49 U.S.C. § 24311(a)(1), from the Defendant, 260 Twelfth Avenue Holdings, LLC. The acquisition…
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Orthopedic Surgery Expert Witness Testimony on Medical Causation Admitted
James Maples, the Plaintiff, filed a lawsuit against Union Pacific Railroad Company, Inc., the Defendant, under the Federal Employers’ Liability Act (“FELA”), alleging on-the-job injuries stemming from when a wheel broke and detached from the utility vehicle he operated. Union Pacific acknowledged responsibility for the wheel detaching from the utility vehicle but disputed that it caused…
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Economics Expert Witness Theory on Investment Performance Admitted
Plaintiff Joanna P. Mattson filed a legal action, both individually and on behalf of the Milliman, Inc. Profit Sharing and Retirement Plan, along with a class of participants and beneficiaries affected by the alleged misconduct of the Milliman Defendants. The lawsuit is based on a claim of breach of fiduciary duty under the Employee Retirement…
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Business Administration and Management Expert Witness Testimony found Inadmissible for not Establishing a Method to Calculate Damages
Plaintiff Kristina Cleaver initiated legal proceedings against her former employer, Transnation Title & Escrow, Inc. dba Fidelity National Title Company (“Fidelity”) based on an accusation of gender discrimination, purportedly in violation of both federal and state laws. Fidelity, identified as a title and escrow company specializing in real estate transactions in collaboration with real estate…
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Disability Expert Witness Testimony Admitted Citing Extensive Experience in Special Education Litigation
North East Independent School District (NEISD) appealed the administrative decision by a Special Education Hearing Officer (SEHO) in favor of the minor student I.M., who qualifies for special education services due to autism and an intellectual disability. Following an evidentiary hearing, the SEHO determined that the NEISD had failed to provide I.M. with a free…
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Infectious Disease Expert Witness Testimony on “Regulatory Approval of HIV Rapid Test to Screen Blood Donors” Excluded
Mariette Waters was on a cruise ship when she had a medical emergency necessitating a blood transfusion. Since the cruise ship operator did not store blood on the vessel for transfusions, it began to solicit passengers to donate blood via the public announcement system. The cruise operator then screened the potential donors, their donated blood,…
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Mechanical Engineering Expert Witness Opinions on Slipperiness of Shower Floor Admitted
The case involved the Plaintiff, Anthony Cladd who fell and suffered injuries while using a shower stall at a truck stop owned by the Defendant, TA Operating, LLC. The Plaintiff asserted that the fall and injuries were a result of the shower stall being unsafe, and claimed that the Defendant breached a duty of care…
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Real Estate Appraisal Expert Witness Testimony about Diminution in Value of Insured Property Rejected
Plaintiff Nichole Hertel sued State Farm Lloyds citing failure to pay insurance benefits following severe damage to her home during the February 2021 winter storm. Since filing suit, Plaintiff has sold and vacated her home. The Court issued a Scheduling Order in April 2023 which set a deadline of September 13, 2023, for Plaintiff to…
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Management Consulting Expert Witness’ Rebuttal Report on Breach of Warranty Counterclaim Admitted
This case involves contract disputes. The first contract between Plaintiff, SIS, LLC (“SIS”) and Defendant, Orion Group Holdings, Inc. was the Professional Services Agreement (“PSA”). It was entered into in June 2010. Under the PSA, Plaintiff provided software consulting services for Defendant. After over ten years of performance under the PSA, the parties entered into…
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Safety Expert Witness Testimony on Safe Means of Access as per Maritime Industry Standards Admitted
The Plaintiff, William Austin, III, sustained injuries while disembarking from the dredging vessel W308 RS WEEKS (the “vessel”). The Plaintiff alleged that, during his course of employment with Sontheimer Offshore/Catering Co. and Weeks (collectively, the Defendants), he suffered severe and permanently disabling injuries. The Plaintiff contends that the Defendants were negligent in various aspects, including…