Category: Expert Challenges
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Neonatology Expert Witness Not Allowed to Opine on Autism
On July 29, 2022, a minor, Kamila, represented by her mother Keila Robles Figueroa (“Plaintiff” or “Robles”), filed a medical malpractice lawsuit against Dr. Juan C. Castañer (“Castañer”), Presbyterian Community Hospital, Inc. (“the Hospital”) and the Hospital Pediátrico Universitario (collectively “Defendants”). The allegations of negligence in this lawsuit are centered on the medical care providers’ treatment…
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Economics Expert Witness’ Opinions Cannot be the Basis for Finding Antitrust Injury
In this antitrust action, separate Plaintiff groups of users and advertisers sued Meta Platforms, Inc. (Meta), for alleged anticompetitive conduct under the Sherman Act and California state law in connection with the Facebook social-networking app. The user group, headlined by named Plaintiffs Maximilian Klein, Sarah Grabert, and Rachel Banks Kupcho, alleged that Meta illegally acquired and…
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Maritime Safety Expert Witness’ Opinion on Unseaworthiness Excluded
Plaintiff Brandeon Alexander (“Alexander”), a deckhand employed by Defendant Intracoastal Tug and Barge Company, LLC (“Intracoastal”), sustained serious injuries while working aboard the M/V California Chrome. As Alexander was reaching for a line on a piling, Alexander’s arm was crushed between the barge and the piling. Captain Paul Smith (“Captain Smith”) was operating the barge,…
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Accident Reconstruction Expert Witness’ Testimony About the Driver’s Speed at the Time of the Collision Admitted
This lawsuit stems from a motor vehicle accident. The two-vehicle collision occurred around 12:12 P.M. on January 4, 2023 in the left northbound lane of U.S. Highway 45, a divided four lane highway. On the date and time in question, Plaintiff Kimberly Allcorn was driving a 2019 Kia Forte in the right lane of northbound traffic.…
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Mechanical Engineering Expert Witness’ Testimony Fits the Pertinent Causation Inquiry
This case arises from injuries Plaintiff Cherie Ferrell sustained on November 15, 2020 when she fell into a City of Atlanta water utility meter box. Ferrell alleged that the improperly secured water meter lid and the lack of “warning of the uneven pavement elevation change” caused her injuries. On the morning of November 15, 2020,…
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Accounting Expert Witness’ Testimony on Firing Personnel and Cutting Costs Post-Closing Admitted
Plaintiffs Weston D. McArtor (“McArtor”) and BEI Services, Inc. (“BEI Services”) (collectively, “Plaintiffs”), brought this civil action against the Defendants Valsoft Corporation Inc. (“Valsoft”) and Aspire USA, LLC dba Aspire Software (“Aspire”) (collectively, “Buyers” or Defendants”). This action involved the sale of Plaintiffs’ business, Nexera, to Defendants. Prior to the acquisition, Nexera was in the business of…
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Finance Expert Witness’ Testimony on ESG Activism Does Not Require Specific Scientific Support
Every year millions of workers set aside their hard-earned dollars to save for retirement. To protect the interests of these workers, Congress passed the Employee Retirement Income Security Act of 1974 (“ERISA”), to remedy “the great personal tragedy” caused by mismanagement of retirement plans that left workers with little to no savings. This class action lawsuit is…
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Design Defect Theories Employed by Mechanical Engineering Expert Witness Deemed Unreliable
On August 23, 2021, Plaintiff Virginia Huss used a Ninja BL660 blender, designed and manufactured by Defendant SharkNinja Operating LLC, to blend a mixture of chocolate chips that she had microwaved for 60 to 90 seconds. After blending, Huss attempted to twist open the blender lid and the lid shot off the blender cup, causing…
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Roofing Expert Witness Allowed to Testify Despite Not Complying with Expert Disclosure Requirements
Eric Krajewski alleged that he submitted a claim for hurricane damage that Scottsdale Insurance Company will not pay despite coverage under the parties’ insurance policy. To recover the funds reportedly owed, Krajewski sued for breach of contract. Krajewski timely disclosed an expert—Phaion Hicks. But according to the record before the Court, Krajewski never provided a corresponding…
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Construction Expert Witness Allowed to Opine on the Reasonableness of the Use of Xactimate
In November 2021, a fire caused severe damage to the home of Michael and Alexis Wright, located in Goldendale, Washington, a rural area about 70 miles from Yakima, Washington. The Wrights filed a claim with their insurer, State Farm, which immediately confirmed coverage. In January 2022, the adjuster assigned to the Wrights’ file, Timothy Treat, finalized…
