Category: Economics Expert Witness
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Economics Expert Witness’ Testimony Admitted Because He Has Researched CON Laws
Charles Slaughter is a licensed physical therapist who owns a physical therapy clinic in Jackson, Mississippi. He brought this constitutional challenge to Mississippi’s Certificate of Need (CON) program because Mississippi has had a moratorium on issuing CONs to new home health care businesses for the past 42 years. This case was initiated in the wake…
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Human Resources Expert Witness’ Testimony About Retaliation Excluded
Carol Stepien is a former employee of the National Oceanic and Atmospheric Administration (“NOAA”) in Seattle. She worked at the Pacific Marine Environmental Laboratory (“PMEL”), a lab within NOAA, an agency in the Department of Commerce. She contended that NOAA had discriminated against her based on her sex and age, subjected her to a hostile…
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Economics Expert Witness’ Conclusions Regarding Lost Profits Damages Admitted
In this action, the Frazier Parties alleged that the Eagle Air Parties lacked probable cause to sue them for defamation and other similar claims in an underlying lawsuit that concluded in 2020 (the “Underlying Action”). The Frazier Parties claimed that the Underlying Action damaged Sentinel’s existing or prospective client relationships, resulting in lost profits of…
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Testimony of Economics Expert Witness Excluded Because of his Inability To Produce a Coherent Model
Plaintiffs brought an antitrust lawsuit against Defendants, asserting that Defendants entered a set of agreements with each other and their broadcast partners that suppressed the output of telecasts of out-of-market professional football games, resulting in higher prices for Sunday Ticket. Since Judge Philip Gutierrez decided the opinions provided by the Plaintiffs’ expert witnesses regarding financial…
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Economics Expert Witness’ Report ran afoul of Rule 26 Requirements
Plaintiff, a long-time employee of Chevron, filed his First Amended Complaint on August 22, 2023 and alleged that Chevron’s Pascagoula Refinery had been marred by racism and sexism, that his contributions to the company exceeded his compensation, and that “discriminatory practices have prevented him from being promoted.” The issue before the Court is whether the…
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Economics Expert Witness Employs a “Before and After” Methodology to Quantify Plaintiff’s Damages
This action arises out of an alleged October 22, 2016 arrest and subsequent criminal prosecution of Plaintiff, which concluded with Plaintiff’s conviction for misdemeanor battery upon Officer Ermeri. On October 20, 2020, Plaintiff Richard John Lucibella (“Lucibella”) filed a nine-count complaint in state court against Officer Richard Ermeri (“Ermeri”), Officer Savino (“Savino”), and the Town…
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Montana Court rules against “fossil fuel–based provisions” in favor of a “clean and healthful environment”
On March 13, 2020, sixteen Montana youth (collectively Plaintiffs or Youth Plaintiffs), then between two and 18 years old, filed a complaint against the State of Montana challenging the constitutionality of the State’s fossil fuel-based state energy system, which they alleged caused and contributed to climate change in violation of their constitutional rights guaranteed under Article II,…
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Economics Expert Witness’ Testimony on Disparities in Promotion Admitted
A district judge in Massachusetts admitted the findings of an expert economist meant to advance a theory of disparate impact. Plaintiffs Marc Savage (“Savage”) and Randolph Blake (“Blake”) (collectively referred to as “Plaintiffs”), a retired and current employee, respectively, of the Fire Department for the Defendant City of Springfield (“City” or “Springfield”), pursued claims of…
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Class Size Calculations of Economics Expert Witness Held to be Reliable
Spokeo owns and operates the website spokeo.com. It collects consumer and public data from various public sources and private vendors, associates that data with particular names, and publishes it online. Using proprietary algorithms and systems, Spokeo “attempts to collect and aggregate and merge all that data into persons, person objects, which are then designated with…
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Court Refuses to Bar Expert Witnesses from Opining on Firearms Regulation
A district judge in Vermont refused to exclude the testimony assessing the impact of gun laws presented by the State’s expert witnesses. Plaintiffs, corporate entities affiliated with gun ownership and several Vermont residents, filed this action against Defendants, high-level Vermont state officials. Plaintiffs allege that 13 V.S.A. § 4021, which prohibits possession and sale of “large…