Category: Expert Challenges
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Economics Expert’s Opinion on Career Earnings Prospects Admitted
This case involves a Federal Employers Liability Act (“FELA”) claim for emotional distress and a Federal Railroad Safety Act (“FRSA”) whistleblower claim based on alleged retaliation. Despite the failure to timely file the required documents, the Union Pacific’s Employee Assistance Program (“EAP”) granted Nathan Walker a grace extension of his medical leave of absence. On…
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Marketing Expert’s Testimony on Patent-Related Barriers Admitted
This is an antitrust action filed by Plaintiffs CareFirst of Maryland, Inc., Group Hospitalization and Medical Services Inc., and CareFirst Bluechoice Inc. (collectively, “CareFirst”) alleging that Defendants Johnson & Johnson and Janssen Biotech, Inc. (collectively, “J&J”) used monopoly power to unlawfully delay the introduction of biosimilar competitors for their drug ustekinumab (sold under the brand…
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Expert Testimony on Inadequate Construction Techniques Excluded
This action concerns whether the construction of a condominium building damaged the townhouses on an adjacent property owned by the Plaintiff, Charles Matiella. Plaintiff alleged causes of action for negligence and trespass against the owner of the adjacent property, Murdock Street, LLC; the two companies who operated as the general contractor and developer for the…
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Mechanical Engineering Expert Was Allowed to Opine on Slide Design
Plaintiff Slick Slide LLC (“Plaintiff” or “Slick Slide”) brought claims of direct and indirect patent infringement, as well as copyright infringement against the Defendants Edwin L. Reed, Trampoline Park Gurus, LLC, and Adventure Park Contractors, LLC (collectively, the “Reed Defendants”). Slick Slide filed a motion to exclude the testimony of Defendants’ expert Nathan J. Macdonald.…
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Law Enforcement Expert Was Allowed to Opine on the Standard Practices Involving Police Canines
In this excessive force case involving a police canine, Plaintiff Herman Evans (“Evans”) filed a motion to exclude the opinion of The City of Lynchburg’s (“City”) expert witness—Jeffrey T. Barrett (“Barrett”). Barrett offered four opinions (although the confines of those opinions are not as clearly defined as they should be). First, he reviewed the training…
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Mechanical Engineering Expert’s Mix-and-Match Opinions Excluded
Plaintiff Taylor Lavergne sued Hyundai Motor Company and Hyundai Motor America (collectively, “Defendants”) in connection with injuries she allegedly sustained during a rear-end collision between a 2013 Jeep Wrangler and a 2016 Hyundai Accent (the “subject vehicle”) in which she was a passenger. Plaintiffs designated Brian Herbst as their mechanical engineering expert. Hyundai Motor Company…
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Metallurgy Expert Allowed to Opine on Foreign Object Debris
This case arises from an accident involving a Robinson R44 II helicopter, registration N442VB (“Helicopter”), that occurred on the evening of December 30, 2021, in Levy County, Florida. The Helicopter was being flown at night by the owner-pilot, Ronald Hicks (“Pilot Hicks”), from a local friend’s residence to his private property. At the time of…
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Economics Expert’s Lost Sales Analyses Deemed Reliable
Plaintiff Serra Chevrolet, Inc. (“Serra”) sued Defendant General Motors, LLC (“GM”) for breach of contract, violations of Alabama’s Motor Vehicle Franchise Act, negligence, wantonness, and violations of the federal Dealer’s Day in Court Act. Serra retained Patrick L. Anderson to provide an expert report on lost sales and lost profits in this matter. GM filed a…
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Accounting Expert’s Testimony on Due Diligence Limited
Plaintiffs Sabby Volatility Warrant Master Fund Ltd. (“Sabby”), SZOP Multistrat LP (“SZOP”), Alto Opportunity Master Fund SPC Segregated Master Portfolio B (“Alto”), and Hudson Bay Master Fund Ltd. (“Hudson Bay”), purchasers of common stock of Quanergy Systems, Inc. (“Quanergy”) in a public offering that closed on November 2, 2022 (the “Offering”), brought suit against Defendants…
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Construction Expert’s Opinions on Typical Overhead and Profit Margins Admitted
This litigation arises from hail damage to a hotel owned by Defendants, Merryton Bossier, LLC, Grace Chiao, and Hui Ping Lee (collectively, “Merryton”) in Bossier City, Louisiana, in 2020. Merryton engaged Stonewater Roofing LTD. Co., LLC to perform roof repairs, contingent upon insurance approval by Scottsdale Insurance Company (“Scottsdale”). After appraisers assessed the damage, Scottsdale…
