Category: Expert Challenges
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Flood Expert Was Not Allowed to Opine on the Foreseeability of the Flood
Defendants—Sanford, Sanford Health, and the Evangelical Lutheran Good Samaritan Society—allegedly owned or operated the Good Samaritan Kissimmee Village (Good Samaritan), a senior-living complex located near Kissimmee, Florida. In 2017, Good Samaritan sustained then-unprecedented flood damage from Hurricane Irma that was purportedly exacerbated by a critical failure of the property’s waste-water treatment facility, resulting in contamination…
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Human Resources Expert Not Allowed to Opine on Employees’ Rights
Plaintiff Toby Pack, a CSX employee, applied for leave under the Family and Medical Leave Act (FMLA) due to chronic kidney stones. Although CSX initially approved Pack’s application, it subsequently charged him with FMLA misuse and terminated him. Pack sued, alleging that CSX fired him in retaliation for his taking FMLA leave. Pack intended to…
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Security Expert Allowed to Opine on Venue Management
On July 30, 2022, Plaintiff Gary Stanhope attended a Luke Bryan concert at the Xfinity Theatre in Hartford, Connecticut with friends. The group stood on the asphalt walkway in the general admission area, between Sections 500 and 600, behind the railing separating the lawn from the reserved seating. At approximately 10:00 P.M., Stanhope was assaulted…
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Fire Investigation Expert Was Not Allowed to Opine on the Grill Installation
This case arises from a fire that occurred on April 13, 2020 at the Nashville home of Ethan and Ashley Colclasure. The Colclasures’ home, at the time, was insured by a policy (“Policy”) issued by Plaintiff Central Mutual Insurance Company (“CMIC”). Pursuant to the terms of the Policy, CMIC paid a substantial sum to the…
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Human Resources Expert Was Not Allowed to Opine on Overtime Exemption Status
Plaintiffs are current and former AutoZone employees, all of whom held roles as Store Managers between the years 2019 and 2022 and worked under district managers who oversaw operations in Montana. Due to AutoZone’s demographic structure, the collective currently includes Plaintiffs that work in AutoZone stores outside of Montana. Plaintiffs alleged that AutoZone willfully misclassified…
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Business Valuation Expert Not Allowed to Opine on Corrective Advertising Damages
Plaintiff-Appellant Makina Ve Kimya Endustrisi A.S. (“MKE”) appeals from a judgment of the United States District Court for the Southern District of New York arising from MKE’s suit against Defendants-Appellees for their unauthorized use of MKE’s wordmark and logo in connection with soliciting customers to purchase MKE ammunition. MKE challenged the judgment insofar as it…
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Economics Expert Was Allowed to Opine on the Value of Companionship Services
Plaintiff Tabria Montgomery’s father, Michael Montgomery sustained fatal injuries while operating a Bobst Mastercut 145 PER 2.0 Die-Cutter machine. She asserted claims individually on behalf of herself and her father’s estate against Defendant Bobst Group North America, Inc. (“Bobst NA”) for strict products liability, negligence, wrongful death, and survival. Bobst NA filed a motion to…
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Economics Expert Allowed to Opine on Constant Inflation
This is a consolidated action for securities fraud brought by Lead Plaintiff Los Angeles County Employees Retirement Association on behalf of a putative class of investors in the Ohio-based electrical utility company FirstEnergy Corporation. Plaintiffs alleged violations of the Securities Exchange Act of 1934 and the Securities Act of 1933 by FirstEnergy, its named officers…
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Pathology Expert Allowed to Opine on Pain and Suffering
Plaintiff Tabria Montgomery’s father, Michael Montgomery sustained fatal injuries while operating a Bobst Mastercut 145 PER 2.0 Die-Cutter machine. She asserted claims individually on behalf of herself and her father’s estate against Defendant Bobst Group North America, Inc. (“Bobst NA”) for strict products liability, negligence, wrongful death, and survival. Bobst NA filed a motion to…
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Microbiology Expert Not Allowed to Opine on Performance Ratings
This action arises from Jennifer Hailes’ claim of retaliation for prior EEO protected activity under Title VII of the Civil Rights Act of 1964. Hailes challenged the administrative grant of summary judgment in favor of the VA in EEOC Case No. 532-2023-00016X for Hailes’ claims of retaliation for protected activity in the form of a…
