Category: Law And Legal Expert Witness
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Legal Expert Not Allowed to Opine on Reimbursement Allocation
Plaintiff Navigators Specialty Insurance Company sued SVO Building One, LLC for reimbursement of $5.5 million (before accrued interest) paid in defense of claims that were not even potentially covered under the applicable insurance policy. SVO filed a Daubert motion to exclude the testimony of Navigators’ expert witness André E. Jardini. Law And Legal Expert Witness…
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Law And Legal Expert Not Allowed to Opine on Contract Formation
These two consolidated cases stem from a train derailment involving a National Railroad Passenger Corporation (“Amtrak”) train that occurred on June 27, 2022, on BNSF’s track near Mendon, Missouri. BNSF filed a motion to exclude the opinions of Defendants’ disclosed experts, Allen Rostron and Jasmine Abdel-khalik, both of whom are law school professors. BNSF argued…
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Law And Legal Expert Allowed to Opine on Firm Management
This case features a collapsed Ponzi scheme, more than 200 investor-victims, and a federal equity Receiver. The Receiver sued Baker Donelson law firm and two of its former employees— individuals now with federal criminal convictions—for aiding and abetting, civil conspiracy, and other claims under Mississippi law. She seeks to hold them accountable for “the unsustainable…
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Law And Legal Expert Was Not Allowed to Opine on Notaries
This case features a collapsed Ponzi scheme, more than 200 investor-victims, and a federal equity Receiver. The Receiver sued Baker Donelson law firm and two of its former employees— individuals now with federal criminal convictions—for aiding and abetting, civil conspiracy, and other claims under Mississippi law. She seeks to hold them accountable for “the unsustainable…
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History Expert’s Testimony on Discriminatory Motivations Admitted
For well over a century, the Commonwealth of Virginia has disobeyed a federal law designed to protect the right of former enslaved people to vote. When the United States started to readmit the rebellious slave states after the Civil War, Congress feared that the former Confederate powers would invent new crimes with which they could…
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Law And Legal Expert’s Industry Standards Opinions Admitted
Plaintiff, Greenwich Insurance Company, is a Delaware-based insurance carrier that issued two excess coverage insurance policies to Mirador Master Association, Inc. (“Mirador Master”), a Miami Beach-based condominium association. The first excess policy was in effect between July 17, 2020, and January 4, 2021, and the second covered the period from February 2, 2021, to July…
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Law And Legal Expert’s Testimony on OPDA’s Practices Admitted
This litigation arises from Plaintiff Raymond Flanks’ (“Plaintiff”) wrongful conviction for first-degree murder in 1985. In particular, Plaintiff alleged that the Orleans Parish District Attorney’s Office (“OPDA”) secured his wrongful conviction in violation of his constitutional rights by withholding material exculpatory evidence. Laurie Levenson is a law professor who was retained by Plaintiff to testify…
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Law And Legal Expert Was Barred From Opining on the Trust Agreement
The Plaintiff, Christopher Ayash, is a named beneficiary of the Patricia Louise Ayash Living Trust (“Trust”), created by his late mother (“Grantor”) in 2002. The Trust also named two of the Grantor’s other sons as beneficiaries. The Defendants, David Barnette and Karl Hamm, serve as Trustees. The Trustees are directed to divide and hold the…
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Legal Expert Was Barred From Opining on Good Time Credits
This litigation arises from Plaintiff Raymond Flanks’ (“Plaintiff”) wrongful conviction for first-degree murder in 1985. Plaintiff alleged that the Orleans Parish District Attorney’s Office (“OPDA”) secured his wrongful conviction in violation of his constitutional rights by withholding material exculpatory evidence. Plaintiff retained Robert Lancaster, a lawyer, as an expert in Louisiana parole and pardon law.…
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Legal Expert’s Testimony on Life Insurance Investor Practices Excluded
Stranger originated life insurance (“STOLI”) policies, specifically, “involve speculators collaborating with an individual to obtain a life insurance policy in the name of that individual and then selling some or all of the death benefit payable upon the death of the insured to stranger investors.” On March 3, 2023, Plaintiff Ameritas Life Insurance Corp. (“Ameritas”…
