Category: Expert Challenges
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Oil and Gas Industry Expert is Qualified Despite Her Lack of Forensic Accounting Credentials
Louisiana Minerals, Ltd., as lessor, and Weyerhaeuser, as lessee, are the successors in interest to a 1986 Timber Sale and Lease Contract (“Contract”). LML asserted that Weyerhaeuser has entered into a significant number of unauthorized third-party agreements that impinge upon or adversely affect LML’s rights under the Contract. Damages were sought for harm caused by…
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Construction Expert Barred from Testifying on Established Damages
The case arises from Belmere, L.P.’s claim that Steadfast Insurance Company failed to timely and adequately pay it proceeds due under its commercial lines policy after Belmere invested $26 million of its own funds to repair a 249-unit apartment complex in Houma, Louisiana that it alleged suffered “catastrophic damage” during Hurricane Ida. Through its lawsuit, Belmere…
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Tire Expert’s Impact Damage Theory Admitted
This suit arises from a motor vehicle accident that occurred on September 7, 2018, in Vinton, Louisiana. Plaintiffs alleged that Billy Smith was operating a 2016 Kenworth T880 while traveling westbound on Interstate 10 on that date. The vehicle was outfitted with Chinese-manufactured steel belt radial truck tires, distributed by CMA under the trade name…
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Mechanical Engineer’s Testimony on Blender Design Excluded
Plaintiff Lori Lynne Hoff brought a product liability claim against Defendants Capital Brands, LLC and NutriBullet, LLC under the New Jersey Products Liability Act, alleging a design defect in the NutriBullet 600 blender. On February 17, 2020, Hoff used the blender to make celery juice, combining water and chopped celery below the max fill line.…
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Obstetrics and Gynecology Expert’s Testimony on Mesh Porosity and Stiffness Admitted
Connie Thacker is one of tens of thousands of individuals who have filed suit against Ethicon for injuries after treatment with Ethicon’s pelvic mesh devices. Thacker filed a motion asking the Court to preclude defense expert Dr. Salil S. Khandwala from offering testimony on certain subjects. Obstetrics and Gynecology Expert Witness Dr. Salil Siddhartha Khandwala…
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Digital Forensics Expert’s Analysis of Website Activity Considered Relevant
This is a copyright infringement action filed by CoStar Group, Inc. and CoStar Realty Information, Inc. (collectively, “CoStar”) in September 2020 against Commercial Real Estate Exchange Inc (“CREXi”). CoStar is a company that provides commercial real estate (“CRE”) information, analytics, and online property listing marketplaces. It owns and operates LoopNet.com, a digital marketplace platform for…
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Accounting Expert’s Testimony on Alter Ego Issues Limited
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. On March 13,…
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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…
