Category: Expert Challenges
-
Pensions Expert Witness’ Testimony on Benefits under ERISA’s Accrual Rules Admitted
Plaintiffs bring this suit under the Employee Retirement Income Security Act (ERISA). ERISA’s central object is to “protect employees’ justified expectations of receiving the benefits their employers promise them.” This case centers on the Coastal Transition Benefit, a benefit formula that originated in the Coastal Plan and that, through a series of corporate transactions, now…
-
Toxicology Expert Witness’ Testimony Regarding the Plaintiff’s Blood Alcohol Content Admitted
Plaintiff Sandra Corbin filed a civil rights action against the Defendants Bill Prummell, Jr., as sheriff of the Charlotte County, David Gensimore, and Aaron Williams as a result of Corbin sustaining a fractured leg, and a litany of related and subsequent damages due to excessive force employed by Williams. On November 29, 2019, at around…
-
Forensic Expert Witness’ Testimony About Use of Deadly Force Admitted
In November 2020, Defendant and another deputy were attempting to serve felony arrest warrants on Jacob Settle and Sophronia Whitehead at their residence. When the deputies arrived, Settle was in the driver’s seat of a truck. Settle did not comply with the deputies’ commands to exit the truck, and he started the truck and took…
-
Drug Enforcement Expert Witness Allowed To Testify Despite Not Being A Pharmacist
Manes is a pharmacy that has served the Van Buren, Arkansas community for nearly 40 years. AmerisourceBergen is a wholesale distributor of pharmaceutical products, including controlled substances. This dispute arises from AmerisourceBergen’s decision to restrict its sale of controlled substances to Manes. Manes sued AmerisourceBergen for breach of contract, tortious interference with Manes’ business expectancies,…
-
Construction Expert Witness’ Deposition Testimony deemed “Incomplete and Inconclusive”
This action stems from a trip and fall incident that occurred on July 19, 2019, while Plaintiff, Carolyn Simmons was walking and tripped along a dangerous and defective sidewalk located in front of Rite Aid in Ridgeland, South Carolina. The Defendant, Rite Aid of South Carolina, Inc., Walgreens, and Sitaras and Tzioros Properties, Inc., (hereafter…
-
Demography Expert Witness Allowed to Analyse Various Maps At Issue
This is a vote dilution case where Plaintiffs challenge the configuration of Mississippi’s State Supreme Court districts, which, despite population changes and the passage of four Censuses, have gone unchanged since 1987. The result of this districting scheme is an unequal playing field for Black voters, such that Mississippi’s nine-member Supreme Court has never had…
-
Law Enforcement Expert Witness’ Supplemental Report on Deviation from Police Practices Admitted
Plaintiff Kevin Strickland filed this lawsuit against the Kansas City, Missouri, Board of Police Commissioners and five Kansas City police officers for alleged unconstitutional conduct that resulted in his wrongful conviction. On June 21, 2024, Plaintiff issued its police practices expert, Russell Fischer’s supplemental report. The supplemental report is 2.5 pages long, and the revisions are…
-
Accounting Expert Witness Barred from Testifying because He Used Simple Addition to Derive Infringing Sales
Plaintiff, a prominent telecommunications service provider, has established the well-known marks “LIGHTSPEED” and “LIGHTSPEED VOICE” in connection with its telecommunications services. When Defendant opened a business called LIGHTSPEED CONSTRUCTION GROUP, Plaintiff alleged that the mark was nearly identical to its marks in connection with the offering of confusingly similar telecommunications services. Plaintiff added that such…
-
Neurology Expert Witness’ Testimony Excluded Because He Does Not Offer a Proper Medical Conclusion
This is a personal injury action stemming from an accident between two tractor trailers. On November 10, 2020, while operating a truck on behalf of his employer, Robert Hibbert was rear-ended by another tractor trailer. Witnesses noted that he “did not stop and was slumped over the wheel”; the EMS report indicated that Plaintiff, Hibbert…
-
Statistics Expert Witness’ Potential Backpay Calculation Excluded
Named Plaintiffs Mary Alice Clark, Christopher Coulter, Aaron Perez, Kevin Nelson and Phillip Roscher (collectively, “Plaintiffs”), individually and on behalf of all others similarly situated, brought this putative collective action against Defendant Capital Vision Services, LLC d/b/a MyEyeDr (“MyEyeDr” or the “Company”), claiming that MyEyeDr misclassified all General Managers (“GMs”) and General Managers-in-Training (“GMITs”) as…