Category: Expert Challenges
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Appraisal and Valuation Expert is Qualified to Testify about the Value of the Porsche
Joseph Falasco bought a non-functioning 1974 Porsche 911S for $10,000 and put a significant amount of time and money into restoring it, including the installation of a new engine and transmission. Falasco later filed a claim regarding the non-collision fire that destroyed Plaintiff’s 1974 Porsche 911S (the “1974 Porsche”) and ended up suing USAA for…
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Legal Ethics Expert Barred From Opining on the Reasonableness of the Plaintiff’s Actions
Plaintiff law firm filed a Complaint on March 2, 2023, asserting a single count of promissory estoppel against Defendant limited liability company for unpaid legal fees and costs (plus interest). Plaintiff said that the unpaid legal expenses were incurred during Plaintiff’s representation of Defendant’s consultant, Luciana Soledade Rock (“Rock”), in a state-court civil fraud action, James Correia…
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Intellectual Property Expert Witness’ Untimely Affirmative Opinions Excluded
X Social Media LLC (“X Social Media”) and X Corp. both use the letter “X” in association with closely related advertising services. Put simply, X Corp. is a social media company that offers tools and services for advertising and generates the majority of its revenue from ads. X Social Media is an advertising agency that…
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Accounting Expert’s Opinion Concerning Labor Costs Excluded
This case arises out of Delta’s delayed donut wrapping system. In late 2021, Bon Appetit Danish, Inc. and Bon Appetit Specialty Snacks, LLC (collectively, “Bon Appetit”) and Delta Systems and Automation, LLC’s (“Delta”) entered into a set of three contracts for Delta to manufacture packaging systems for Bon Appetit’s baked goods. But the donut packaging…
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Marine Safety Expert Impermissibly Ventured into the Field of Biomechanical Engineering
This negligence suit under the Longshore and Harbor Workers’ Compensation Act arises out of an incident on the Defendants’ vessel, the M/V Ocean Belt (the “Vessel”). On January 29, 2021, in his capacity as a ship superintendent employed by non-party Cooper Consolidated, LLC (“Cooper”), Joseph Trigleth was overseeing cargo operations on the Vessel, which required him…
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Urology Expert’s Opinion on Reusing Single-Use Catheters Admitted
Plaintiffs are the wheelchair-bound current or former inmates of the New York State Department of Corrections and Community Supervision (“DOCCS”) who must self-catheterize themselves multiple times per day in order to urinate. Plaintiffs claimed that they experienced violation of their federal civil rights, and discrimination on the basis of their disabilities. Urologist Ezekiel Young, M.D.,…
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Materials Science Expert Witness Barred From Opining on the Ladder’s Failure
On October 1, 2021, Tate Parker purchased a Tricam Industries, Inc. Gorilla articulated extension ladder (Model GLMPXA-14) from Home Depot in Opelika, Alabama. On February 14, 2022, Parker was injured while using his Tricam ladder to access a residential roof for an insurance-related inspection. At the time of the accident at issue, his job duties…
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Psychology Expert Witness’ Testimony Regarding Alleged Coercion Admitted
On September 28, 2016, Terence B. Tekoh (“Plaintiff”) brought a suit against the County of Los Angeles, the Los Angeles Sheriff’s Department (“LASD”), LASD Sergeant Dennis Stangeland, LASD Deputy Carlos Vega, and Does 1-10, alleging violations of his civil rights. Dr. Iris Blandon Gitlin (“Dr. Gitlin”) is one of Plaintiff’s designated retained experts and is…
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Experts’ Opinions Interpreting the PPP Regulations Were Excluded
As the COVID-19 pandemic took hold in early 2020, Congress established the Paycheck Protection Program (PPP). Several businesses applied for and received PPP loan approval from Prestamos CDFI, LLC (Prestamos). However, due to individual bank-related issues, the loan funds were returned to Prestamos, leaving the businesses without the promised financial assistance. Consequently, these businesses initiated…
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Economic Damages Expert’s Reliance on Medical Opinions is Appropriate
This case stems from a vehicle collision that happened in July 2022 in Gallup, New Mexico. The Plaintiff, Jimmy Woodall claimed the crash caused severe and disabling injuries, including physical and emotional pain, permanent impairment, and reduced enjoyment of life. He sought compensation for medical costs, lost wages, and long-term care. Woodall retained an expert, Mr. Justin…
