Category: Expert Challenges
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Law Enforcement Expert’s Testimony Regarding the Standard of Care in an Involuntary Detention Setting Admitted
This case arises out of Plaintiff Gregory Palm’s claim that he received deficient medical care while incarcerated in the Jones County Jail and Baldwin County Detention Center. Sheriff Butch Reese, Captain Shane Moody, Lieutenant Brent Skinner, and Lieutenant Dalton Hart (hereinafter “Defendants”) disclosed Kathryn Wild and Paul Cappitelli as expert witnesses. Plaintiff Gregory Palm filed…
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Neuropsychology Expert’s Testimony on Marijuana Use Admitted
This is a product liability case arising from a motorcycle accident. Plaintiff Cameron Woodall alleged that on September 9, 2022, he was severely injured while wearing a motorcycle helmet allegedly designed and manufactured by Defendants Yohe Helmet Manufacturing Co., Ltd. and Foshan City Nanhai Yongheng Helmet Manufacturing Co., Ltd.; and distributed and sold by Defendant…
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Marketing Expert Employed Techniques Widely Accepted in Market Research Community
The Federal Trade Commission contended that Amazon tricked, coerced, and manipulated consumers into subscribing to Amazon Prime. According to the FTC, this was accomplished by failing to disclose the material terms of the subscription clearly and conspicuously and by failing to obtain the consumers’ informed consent before enrolling them. The FTC also alleged that Amazon did…
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Deaf Culture Expert’s Testimony Rests on Specific Qualifications, Not General Experience
This is a failure to accommodate case brought by the Equal Employment Opportunity Commission (EEOC) on behalf of two former Walmart associates, Marvin Montoya (“Montoya”) and Raymond Moore (“Moore”) (collectively, “Claimants”), alleging Walmart violated the Americans with Disabilities Act (“ADA”) when it purportedly failed to accommodate the Claimants’ disability, resulting in their constructive discharge. Walmart…
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Packaging Expert’s New Opinion About the Shrink Wrap Excluded
On November 4, 2019, the Plaintiff, Cook Logistics, LLC filed a complaint alleging breach of contract for damage its cargo allegedly suffered while the Defendant, Equipment Express, Inc. transported it from Canada to Washington. The Defendant’s expert witness, Lawrence Dull, concluded that the “damaged equipment in this case was caused by the failure of the…
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Environmental Engineering Expert’s Failure to Consider Mitigation Efforts Renders His Opinions Unreliable
Plaintiffs Tonya Clayton and Hazel Stroble allege that an automobile assembly plant operated by Defendant FCA US LLC (“FCA”) near their homes in Detroit, Michigan (the “Detroit Plant”) emitted noxious odors into their neighborhood. They said that these odors unreasonably interfere with their ability to use and enjoy the residences that they own and depreciate…
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Psychology Expert’s Testimony on Loss of Consortium Excluded
Heather Blanchard died after undergoing a surgery at Madigan Army Medical Center. Heather’s husband Roy Blanchard was present in the hospital when Heather first finished surgery. Roy asserts his struggle with grief following Heather’s death has impacted his career and earning capacity. At the time of Heather’s death, Roy worked at J.P. Morgan in a private…
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Safety Expert’s Testimony on Label Warning Issues Admitted
This products liability case arises out of injuries sustained by Plaintiff Joseph Gonsoulin (“Gonsoulin”) while seated on an allegedly defective electronic motorcycle that unexpectedly took off and caused him to crash into a wall. As a result, Gonsoulin sued both the manufacturer of the Beta Explorer— Defendant Zhejiang Apollo Sports Technology (“Apollo”)—and the bike’s American…
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Occupational Medicine Expert’s Testimony About Professional Standards for Drug Testing Admitted
Plaintiff Ruben Wills, a former New York City Council member, brought claims for negligence and violation of his Fourteenth Amendment right to procedural due process against Microgenics Corporation and Sheila Woodberry, respectively. Plaintiff was convicted on corruption charges, although his conviction was later reversed on direct appeal. While still incarcerated, and shortly before his scheduled parole,…
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Epidemiology Expert’s Opinion on Religious Objection to COVID-19 Vaccine Excluded
Kevin McCormick has sued his former employer, the Chicago Transit Authority. During the COVID-19 pandemic, the CTA established a policy requiring its employees to be vaccinated against the virus. McCormick sought a religious-based exemption from the requirement. The CTA concluded that McCormick had not shown that his request for an exemption was actually religion-based and…
