Category: Expert Challenges
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Accounting Expert’s Opinions on the Potential Damages Admitted
Go Global Retail sued Defendants Dream On Me Industries and Dream On Me, Inc. (collectively DOM) for misappropriation of trade secrets, breach of contract, and unjust enrichment. Go Global is a “private equity and brand investment firm” that often buys up “distressed retail assets.” It uses its in-house research and industry know-how to try to spot…
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Food Science Expert’s Testimony on the Condition of Berries Excluded
This case involves a breach of contract claim and a negligence claim regarding Stahlbush’s sale of black raspberries to Bama. Bama principally manufactures food products for the quick service restaurant industry. The dispute was over whether Stahlbush berries used by Bama in pies it produced were contaminated with stones. Plaintiff filed a motion in limine…
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Law Enforcement Expert’s Testimony on Dog Handling Practices Admitted
The claims in this case can be traced back to an unfortunate chain of events, as a routine three-officer search degenerated in the blink of an eye to chaos in a cramped apartment, the arrests of four family members, and a police dog attack that caused severe injuries to Plaintiff. On March 11, 2019, Plaintiff…
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Sales Expert Was Allowed to Opine on the Failure of the Swing Scaffolding System
This personal injury suit began at a construction site at Ochsner’s Lafayette General Medical Center. Charles’ employer, FL Crane & Sons, Inc. (“FL Crane”), was hired to install “z-girts, insulation, and stucco” on the Project building. To work on the building’s side, FL Crane procured swing scaffolding from Max Access. The scaffolding system they used was…
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Anesthesiology Expert’s Testimony on Unprofessional Conduct Excluded
This is an employment discrimination case brought by a former employee of the U.S. Department of Veterans Affairs (“VA”). The Plaintiff, Dr. Elizabeth Schacht, was employed by the VA as an anesthesiologist from 2015 until August 20, 2018, when her supervisors revoked her clinical privileges and removed her from federal service. Schacht claimed the VA…
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Law Enforcement Expert’s Testimony on the Officers’ Tactics Admitted
Plaintiffs Michael Gomez (“Gomez”), Joseph Lowe (“Lowe”), Ian Joi, and Alejandro Baez and Josephine Cartagena, as co-representatives of the Estate of Jayden Baez (“Baez”) (collectively, “Plaintiffs”) filed an Amended Complaint against Defendants Scott Koffinas (“Koffinas”), Ramy Yacoub (“Yacoub”), and Chris A. Blackmon (collectively, “Defendants”). Plaintiffs alleged that Defendants Koffinas and Yacoub—members of the Osceola County…
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Product Development Expert Was Not Allowed to Opine that the Fan is Not Defective
Allstate insured L&J Home Improvements, LLC (“L&J”), which was owned and operated by Julie and Luis Hernandez. In or around 2003, L&J purchased a two-story, wood frame residence built in 1888 that is located at 231 N. Walnut St. in Colorado Springs, Colorado (the “residence”). After the purchase, L&J performed a remodel on the residence in or…
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Accounting Expert’s Alter Ego Opinion Excluded
Plaintiffs NetJets Aviation, Inc., NetJets Sales, Inc., and NetJets Services, Inc. brought this action for declaratory judgment. NetJets sought a declaration that Defendants Stephen G. Perlman and the Stephen G. Perlman Revocable Trust are the alter egos of RS Air, LLC, a bankrupt entity. NetJets obtained a judgment of over $1.7 million against RS Air…
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Hotel Security Expert Was Not Allowed to Opine on the Adequacy of Training
Jane Doe K.R. sued Defendants, Choice Hotels, Choice Hotels International, Inc., and Choice Hotels International Services Corp. under the Trafficking Victims Protection Reauthorization Act (TVPRA). Plaintiff alleged that between March and May 2013, she was the victim of sex trafficking at an Orlando, Florida hotel owned and operated by WHG, a franchisee of the Choice…
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Civil Engineering Expert Was Not Allowed to Opine on the Collapse of the Retaining Wall
This matter arises out of the collapse of a retaining wall at the home of Plaintiffs Pranav Mishra and Mamta Mishra. The Mishras sued Defendant State Farm Fire and Casualty Company for breach of contract and bad faith failure to pay their resulting insurance claim. State Farm filed a motion to exclude the testimony of…
