Category: Expert Challenges
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Engineering Expert Allowed to Opine on Property Damage
Plaintiff R&J Components filed this action for negligence, alleging damage to inventory during roof renovations. Centimark Corporation and SIU Professional Roofing LLC (“Defendants”) sought to exclude Plaintiff’s damages expert, Mikey Minor, under Rule 702 of the Federal Rules of Evidence. Engineering Expert Witness Mikey Minor is a director of consulting and lead consulting engineer with…
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Engineering Expert Barred From Opining on the Sidewalk Condition
In this facially simple premises liability lawsuit, Plaintiff Stephanie Lewis sought to recover damages incurred when she tripped and fell on the front walkway of Samuel B. Heggie, Jr.’s home while she was delivering a pizza in February 2020. Samuel Heggie having died during the pendency of this lawsuit, the Plaintiff now proceeds against the…
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Statistics Expert’s Scientific Analysis Excluded
This litigation arises from Plaintiff Raymond Flanks’ (“Plaintiff”) wrongful conviction for first-degree murder in 1985. Plaintiff alleged that the Orleans Parish District Attorney’s Office (“OPDA”) secured his wrongful conviction in violation of his constitutional rights by withholding material exculpatory evidence. Dr. Tumulesh Solanky is a statistician retained by Defendant Jason Williams to to conduct a…
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Metallurgical Engineering Expert’s Testimony on Engine Failure Admitted
This case arises from an accident involving a Robinson R44 II helicopter, registration N442VB (“Helicopter”), that occurred on the evening of December 30, 2021, in Levy County, Florida. The Helicopter was being flown at night by the owner-pilot, Ronald Hicks (“Pilot Hicks”), from a local friend’s residence to his private property. At the time of…
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Emergency Medicine Expert’s Standard of Care Testimony Excluded
Plaintiff Chanada Robinson (“Plaintiff Robinson”) is the mother of Anthony J. Thompson, Jr., who was involved in an incident at East Austin Magnet High School (“Austin East”) that ended his life on April 12, 2021. Plaintiff Robinson alleged violations of the Fourth Amendment, deliberate indifference to Thompson’s medical needs, assault and battery, and intentional infliction…
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Economics Expert’s Opinion on Career Earnings Prospects Admitted
This case involves a Federal Employers Liability Act (“FELA”) claim for emotional distress and a Federal Railroad Safety Act (“FRSA”) whistleblower claim based on alleged retaliation. Despite the failure to timely file the required documents, the Union Pacific’s Employee Assistance Program (“EAP”) granted Nathan Walker a grace extension of his medical leave of absence. On…
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Marketing Expert’s Testimony on Patent-Related Barriers Admitted
This is an antitrust action filed by Plaintiffs CareFirst of Maryland, Inc., Group Hospitalization and Medical Services Inc., and CareFirst Bluechoice Inc. (collectively, “CareFirst”) alleging that Defendants Johnson & Johnson and Janssen Biotech, Inc. (collectively, “J&J”) used monopoly power to unlawfully delay the introduction of biosimilar competitors for their drug ustekinumab (sold under the brand…
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Expert Testimony on Inadequate Construction Techniques Excluded
This action concerns whether the construction of a condominium building damaged the townhouses on an adjacent property owned by the Plaintiff, Charles Matiella. Plaintiff alleged causes of action for negligence and trespass against the owner of the adjacent property, Murdock Street, LLC; the two companies who operated as the general contractor and developer for the…
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Mechanical Engineering Expert Was Allowed to Opine on Slide Design
Plaintiff Slick Slide LLC (“Plaintiff” or “Slick Slide”) brought claims of direct and indirect patent infringement, as well as copyright infringement against the Defendants Edwin L. Reed, Trampoline Park Gurus, LLC, and Adventure Park Contractors, LLC (collectively, the “Reed Defendants”). Slick Slide filed a motion to exclude the testimony of Defendants’ expert Nathan J. Macdonald.…
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Law Enforcement Expert Was Allowed to Opine on the Standard Practices Involving Police Canines
In this excessive force case involving a police canine, Plaintiff Herman Evans (“Evans”) filed a motion to exclude the opinion of The City of Lynchburg’s (“City”) expert witness—Jeffrey T. Barrett (“Barrett”). Barrett offered four opinions (although the confines of those opinions are not as clearly defined as they should be). First, he reviewed the training…
