Category: Expert Challenges
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Packaging Expert’s Testimony on Storage of Non-Vintage Wines Excluded
Plaintiff April McElroy (“McElroy” or “Plaintiff”) was injured while attempting to open a bottle Mumm Napa Valley Brut Rose, a sparkling wine. The bottle broke causing lacerations to her left hand. McElroy has filed claims for her injuries against Defendants Pernod Ricard USA, Inc. (“Pernod”), Southern Glazer’s Wine and Spirits LLC, (“Glazer”) and Garfield Beach…
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Architecture Expert Was Not Allowed to Opine on the Mechanism of Injury
On the morning of November 21, 2023, Plaintiff Marie Iddriss (“Plaintiff”) fell down a flight of stairs in a building located at 123 West 20th Street in Manhattan after she exited the elevator on the second floor. Hong Diep Realty Incorporated (“Hong Diep”) was the landlord of the building with contractual responsibility for repairs in…
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Economics Expert Was Allowed to Opine on Kidney Transplant Allocations
Plaintiff Anthony Randall (“Randall”) is an individual residing in Los Angeles, California. Randall identifies as Black. As of the time of the filing of his complaint, he was on the waiting list for a kidney transplant. Defendant United Network for Organ Sharing (“UNOS”) is a private nonprofit organization that manages the national organ transplant waiting…
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Insurance Expert’s Breach-of-Duty Testimony Admitted
On May 19, 2023, Plaintiff John Gianacopoulos filed this action against Defendants Acuity, a mutual insurance company (“Acuity”), and Joyce Jackman & Bell, LLC (“JJB”), concerning a fire that occurred on September 12, 2022, at 1124 Saint Ann Street in Scranton, Pennsylvania (the “Scranton Property”). According to Plaintiff’s expert witness, James Stevenson, JJB breached its…
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Economics Expert Allowed to Opine on Pass-Through Damages Estimates
In this action, the Plaintiffs, the Attorneys General of most of the States and several U.S. territories (“the States”), alleged that twenty-six pharmaceutical companies (“the Defendants”) participated in an overarching conspiracy to fix prices, allocate markets, and rig bids in the sale of generic drugs for skin ailments, and are thus jointly and severally liable…
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Forensic Engineering Expert Allowed to Opine on Tree Impact Damage
This matter arises out of an insurance claim filed by Plaintiffs, Grayson Smithand Savannah Smith, related to a tree impact that caused damage to their property located at 2811 Pebblewood Drive, Valdosta, Georgia 31602 on August 30, 2023. Auto-Owners retained expert Brent Boyd, a forensic engineer, to analyze the damage to the property. Plaintiffs’ arguments…
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Emergency Medicine Expert Was Allowed to Opine on Medical Management
On September 27, 2022, Plaintiffs Aislyn Batista Acevedo, Ina Ruth Kessler Krugman, and minor A.D.S.B. (collectively, “Plaintiffs”) filed the instant suit on behalf of the late David Suárez (“Suárez”) against Ashford Presbyterian Hospital (“Presby”) and various other Defendants (collectively, “Defendants”). From September 29, 2021, until his death on October 23, 2021, Suárez was hospitalized at…
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Construction Expert Was Not Allowed to Opine on Repair Costs
On August 27, 2020, Hurricane Laura made landfall in Southwest Louisiana. In the original complaint, The Pentecostal Church of DeQuincy (“TPCD”) alleged that it sustained damage from the Hurricane, and that Church Mutual has underestimated the cost of repairs. The five (5) buildings considered as “Covered Property” at issue in this litigation are identified as…
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Accident Reconstruction Expert Was Not Allowed to Opine on the Maintenance of Gravel Roads
Plaintiff Brooke Mann suffered serious injuries at a music festival in September 2021 when a shuttle tram on which she was riding tipped over on a sloped roadway. The Lost Lands Music Festival takes place each September at Legend Valley, a large outdoor venue near Buckeye Lake and Thornville, Ohio. The multi-day festival is dinosaur-themed…
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Insurance Expert Was Allowed to Opine on Property Coverage Claims
Church Mutual renewed an insurance policy issued to Chabad of New Mexico on June 2, 2022, which covered certain real property owned by Chabad in Rio Rancho, New Mexico. The policy includes a vacancy condition providing that if a building has been vacant for more than 60 consecutive days before a loss, coverage is limited.…
