Category: Expert Challenges
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Expert Testimony on Human Resources Practices Limited
Plaintiff Brian Kniffen brought claims against Defendant East Wenatchee Water District under the Washington Law Against Discrimination, the federal Americans with Disabilities Act, and the Washington common law tort of wrongful discharge in violation of public policy. Kniffen was a Utility Field Inspector (“UFI”), and his job consisted, at least in part, of inspecting various…
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Hospitality Expert’s Testimony on Corporate Structure Excluded
The Plaintiffs had purchased timeshares at the Westgate Smoky Mountain Resort. They alleged that the Defendants, comprising various entities linked to the resort, operated a high-pressure sales scheme. According to the Plaintiffs, this scheme persuaded prospective buyers to invest in the vacation timeshare program without properly disclosing critical and legally mandated information. In June 2020,…
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Expert Testimony on the Professional Standard of Law Enforcement Officers Excluded
Plaintiff Suzanne Stewart filed a gender discrimination and retaliation suit against the City of Arcola after Mayor Fred Burton terminated Stewart’s employment as “a direct result of policy violations related to insubordination and [her] unprofessionalism.” Plaintiff filed a motion to strike the opinion of Defendant’s expert Michael W. Thaler. Law Enforcement Expert Witness Michael W. Thaler…
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Food Science Expert Witness Barred from Testifying Over Lack of Medical Credentials
This dispute arose from Plaintiff Denise Young’s claim that she suffered from Salmonella Gastroenteritis due to food poisoning after consuming a meal her son purchased for her on June 11, 2022, from a Chipotle restaurant in Newark, New Jersey. Young’s son purchased a Pollo Asado Bowl with Queso Blanco from Chipotle at 6:48 PM on…
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Insurance Expert’s Testimony on Market Multiples Range Excluded
The matter before the Court stems from Plaintiff USI Insurance Services LLC’s (“USI”) lawsuit against Defendants Alliant Insurance Services Incorporated (“Alliant”), William J. Havard III, Robert Engles, Jenise Purser, and Justin Walsh (collectively, “Defendants,” or without referring to Alliant, the “Individual Defendants”) relating to allegations that, among other things, they engaged in the improper solicitation…
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Safety Expert’s Testimony on Obscure Construction Safety Standards Admitted
In this commercial property damage insurance case, Plaintiff Prairie Walk Condominium Association sought to recover millions of dollars in benefits to repair damage to approximately fifteen buildings at its condominium complex resulting from a July 16, 2018, hailstorm, as well as treble damages for alleged unreasonable delay/denial of insurance benefits. Plaintiff disclosed as a retained…
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Marketing Expert’s Testimony on Consumers’ Perceptions Admitted
This case centered on a trademark dispute involving the mark IDHAYAM, which means “heart” in Indian languages and was used in connection with sesame oil sales. Defendant Meenakshi Overseas LLC sold sesame oil under the IDHAYAM name and held a federal trademark registration for it. Plaintiff V.V.V. & Sons Edible Oils Limited, who also marketed…
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Mechanical Engineering Expert’s Opinions on the Shattered French Press Limited
Plaintiff, Wade Mullen, filed a products liability lawsuit against Defendant Bodum USA, Inc. (“Bodum”), claiming damages for injuries he suffered when his Bodum French press shattered and splashed him with hot coffee. Bodum filed a motion to exclude the testimony of Mullen’s expert Mingxi Zheng, an engineer who inspected the shattered French press. Mechanical Engineering…
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Intellectual Property Expert’s Opinion on Specific Royalty Rate Deemed Unreliable
EcoFactor, Inc. (EcoFactor) owns U.S. Patent No. 8,738,327, which relates to the operation of smart thermostats in computer-networked heating and cooling systems. In January 2020, EcoFactor sued Google in the Western District of Texas, alleging Google’s Nest thermostats infringed claims of the ‘327 patent, among other patents. Before trial, Google filed a motion to exclude the testimony…
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Criminology Expert’s Opinions about Post-Incarceration Syndrome are Unreliable
Kuantay Reeder was convicted by a jury of second-degree murder in 1995. He spent approximately 26 years in prison before his conviction was vacated and he was released. Reeder now sues the Orleans Parish District Attorney’s Office (“OPDA”), alleging that suppression of favorable evidence during his criminal proceedings caused him to be wrongfully convicted and…
