Category: Expert Challenges
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Public Health Expert Not Allowed to Opine on N95 Respirators
Plaintiff Shonna Hunter brought a religious discrimination claim against her former employer Defendant PeaceHealth. Plaintiff offered the expert testimony of Dr. Michael J. Mina, MD, Ph.D., who opined that PeaceHealth could have accommodated Plaintiff with N95 respirator and “regular testing” in lieu of vaccination. PeaceHealth filed a motion to strike Mina’s testimony as irrelevant and…
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Real Estate Expert Not Allowed to Opine on Undue Hardship
On September 24, 2024, Plaintiff Pharilyn Chhang filed the operative second amended complaint against Defendants West Coast and Sergio Madrigal, alleging causes of action under the Fair Housing Act (FHA), California Fair Employment and Housing Act (FEHA), wrongful eviction; invasion of private right to occupancy; and breach of duty. Plaintiff claimed that she is a disabled…
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Expert Testimony on Children’s Exposure to Domestic Violence Excluded
Dave Neil Speedie (Father) filed a petition under the International Child Abduction Remedies Act (ICARA), the statute that implements the Hague Convention on the Civil Aspects of International Child Abduction (the Convention). Father sought the return of his minor children, L.S. and I.S., from Washington, where they are presently in the custody of Alexi Dawn…
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Fine Arts Expert’s Testimony on Fair Market Value Limited
In 2018, John Hock completed a 53-foot steel sculpture, Prometheus III. The work was displayed in Franconia Sculpture Park, an institution Hock co-founded and his then-employer. In 2019, Franconia terminated Hock, and he agreed to remove Prometheus III from the park. By late 2023, he had not done so, and Franconia, believing the sculpture was…
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Mechanical Engineering Expert Not Allowed to Opine on Blender Warnings
SharkNinja manufactured the Ninja Professional Plus Blender, model BL610. Cody Ford received the blender as a gift at her bridal shower in February 2023. The blender was in a box and after opening the box, Ford removed the “top pulp tray” which, according to the design, rests on top of the wrapped pitcher that contains…
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Product Safety Expert’s State-of-Mind Testimony Excluded
On November 10, 2022, Kenneth and Phyllis Zerr perished in a house fire. Plaintiffs—the Zerrs’ children and Kenneth Zerr’s estate—alleged that the fire was caused by a defective dehumidifier produced by Gree. In support of their defense, Defendants planned to use expert witnesses. On the origin of the fire, Defendants offered Todd Soong. On the…
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Psychology Expert’s Testimony on Trauma Victims Limited
Plaintiff Colleen Nix alleged that Kevin Keiner, a New Mexico State Police Officer, sexually assaulted her while she was intoxicated and asleep. Nix sought to introduce the testimony of both Elizabeth Thomson and Andrea Taylor. New Mexico Department of Public Safety and New Mexico State Police requested the Court to bar Thomson and Taylor from…
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Mechanical Engineering Expert Was Allowed to Opine on the Effects of Air Bubbles
Plaintiff Darin Edwin Pape brought this products liability action against Defendant Bodum USA, Inc. (“Bodum”), alleging that defects in Bodum’s coffee press caused him injury when the press’s glass shattered and hot water spilled onto his body. Plaintiff’s expert Mingxi Zheng opined that a combination of (i) a manufacturing defect that allowed air bubbles to…
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Accounting Expert Not Allowed to Opine on Transition Period
Robert Webster allegedly owed fiduciary duties, including duties of loyalty and honesty, to his employer, CellMark. He was also subject to contractual obligations restricting him from competing with CellMark or soliciting its customers or employees on behalf of himself or others. According to CellMark, Webster began breaching these duties in 2023 after deciding to leave…
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Anesthesiology Expert Allowed to Opine on Effects of Hypoxia
In this method of execution case, Plaintiff Jeffery Lee challenged theAlabama Department of Corrections’ nitrogen hypoxia protocol. Execution by forced inhalation of nitrogen gas deprives an inmate of oxygen until he suffocates to death. Lee filed a motion to exclude the testimony of State’s expert, Dr. Joseph F. Antognini. Anesthesiology Expert Witness Dr. Joseph F.…
