Category: Expert Challenges
-
Construction Expert’s Testimony on Project Delays Admitted
Plaintiff ZP No. 332, LLC hired Defendant Huffman Contractors, Inc. as the general contractor on a real estate development project. Huffman allegedly failed to complete the work adequately, and ZP eventually declared a default on the construction contract. That gave the parties’ surety, Travelers Casualty and Surety Company of America, several options under a performance…
-
Expert Testimony on the Functions of a County Attorney Admitted
Defendant Howard Keith Hall is the former County Attorney of Pike County, Kentucky. Hall is a current Pike County Circuit Court Judge. The United States charged Hall with two counts of mail fraud and one count of theft of government funds. The charges stem from an alleged scheme in which Hall hired Attorney A1 as…
-
Mechanical Engineering Expert Allowed to Opine on Hand Placement
This action arises from an explosion and resulting injuries Dawn Clary incurred while using a Power Quick Pot model Y6D-36 pressure cooker (the “pressure cooker”), marketed and distributed by Defendant Tristar Products, Inc. (“Tristar”). Clary brought this action against Tristar for her injuries from the explosion, alleging defective design, negligence, breach of express warranty, breach…
-
Credit Reporting Expert’s Testimony on Emotional Harm Excluded
This case involves alleged violations of the Fair Credit Reporting Act. The Plaintiff, Fabian Huizar, claims that Experian Information Solutions repeatedly reported inaccurate information on his credit report relating to a car loan that was the subject of a judgment rendered in state court. Huizar hired experts, Douglas Hollon and Evan Hendricks to help him…
-
Automobile Appraisal Expert’s Cost Comparison Approach Deemed Reliable
This action arises from the circumstances surrounding Plaintiff Samuel Holmes’ purchase of a limited-production 2023 Dodge Challenger Black Ghost (“Black Ghost”) from Freedom, a Kentucky LLC that sells and services cars in the Commonwealth. This case involves a mileage dispute over a 2023 Dodge Challenger Black Ghost, a limited-production vehicle only one of 300 produced.…
-
Risk Management Expert’s Testimony on the Required Team Composition Excluded
Andre Pauwels, the Plaintiff, filed an unjust enrichment claim against The Bank of New York Mellon Corporation and The Bank of New York Mellon, collectively referred to as “BNYM.” In short, Pauwels, who previously served as a consultant for BNYM, alleged that BNYM was unjustly enriched by its continued use of his “proprietary computational model”—the…
-
Pain Management Expert Was Allowed to Opine on the Reasonable Value of Medical Expenses
Plaintiff Armen Avoyan brought this action against the United States alleging negligence under the Federal Tort Claims Act (“FTCA”), arising out of a motor vehicle accident between the Plaintiff and a United States Postal Service employee, Azad Hovhannesian. The government, however, sought to exclude the testimony of Plaintiff’s expert, Dr. Lawrence R. Miller, as to the…
-
Pathology Expert’s Emergency Care Opinions Excluded
Plaintiffs Lawrence Lieberman, Linda Lieberman, and the Estate of Myron Lieberman asserted claims for negligence and wrongful death against Defendant Target Corporation. This matter involves a slip-and-fall incident that occurred at a Target store on December 9, 2021. The man who fell, Myron Lieberman, fractured his hip in the fall. He was taken to the…
-
Real Estate Expert’s Generalized Observations Excluded
Mohammed Zafaranchi is charged with conspiracy to commit wire fraud, wire fraud, money laundering, and destruction of records in a federal investigation. The indictment alleged that Zafaranchi operated a series of call centers that defrauded homeowners by charging them for mortgage modification services that were not as represented. Seeking a new trial, Defendant contended that…
-
Legal Expert Was Barred From Testifying About the Use of Artificial Intelligence
Defendant, Goran Gogic, was charged in a multi-count indictment with crimes related to international narcotics trafficking, in violation of the Maritime Drug Law Enforcement Act (“MDLEA”). Subsequently, the parties filed several motions in limine concerning evidence of electronic communications that were purportedly seized and decrypted by European law enforcement. As explained in the parties’ briefs,…
