Category: Expert Challenges
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Obstetrics and Gynecology Expert’s Opinion Regarding the Common Knowledge of Pelvic Surgeons Admitted
Connie Thacker is one of tens of thousands of individuals who have filed suit against Ethicon for injuries after treatment with Ethicon’s pelvic mesh devices. Plaintiff Connie Thacker filed a motion asking the Court to preclude defense expert Dr. John R. Wagner from offering testimony on certain subjects. Obstetrics and Gynecology Expert Witness Dr. John…
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Law & Legal Expert Helps Jury Understand Medicaid’s Complex Regulatory Framework
Plaintiff State of Washington alleged that Novo Nordisk Inc. (“NNI”) caused physicians to prescribe its drug, NovoSeven®, to Washington hemophilia patients by: (1) promoting it “off-label” for prophylaxis and “high dose” use; (2) paying kickbacks to physicians; and (3) paying bribes to patients, all of which rendered claims to Medicare and Washington Medicaid false. The…
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Court Upheld the Actuarial Expert’s Methodology for Calculating Damages
Plaintiffs Timothy Scott, Patricia Gilchrist, Karen Fisher, Helen Maldonado-Valtierra, Dan Koval, Judy D. Duff, John Griffin, Kenneth Rhodes, Judy Dougherty, John Kelly, Richard Walshon, Jennifer Fryer, and Vince Carabba alleged that Defendants AT&T Inc., the AT&T Defined Benefit Plan, and AT&T Services, Inc. (collectively AT&T) have violated the Employee Retirement Income Security Act of 1974…
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Economics Expert’s Lack of Specialized Credentials Did Not Provide a Basis for Exclusion
Plaintiff Michael Ruiz (“Ruiz”) is suing his former employer, Defendant Magellan Financial & Insurance Services (“Magellan”), under the theory that his alleged demotion and subsequent termination were due to his race and national origin and that he was also subjected to a hostile work environment. Ruiz retained an expert, Michael J. Stokes (“Stokes”) of Beta…
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Mechanical Engineering Expert Permitted to Testify Despite Lacking Direct Experience with Debalers
On January 21, 2022, James Raeford Hatcher (“Hatcher”), an employee of South East Grinding, was fatally injured while attempting to unjam a debaler at his workplace. His clothing became entangled in the machine, and he was unable to stop its operation. The machine in question—a “Model BBU.90” debaler—was manufactured by Emerging Acquisitions, LLC. Plaintiff Connie…
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Expert Barred from Offering Inflammatory Opinions in Maritime Injury Case
Kyle Rak worked as a Jones Act seaman for C-Innovation, L.L.C. (“C-I”). On October 10, 2022, everything changed. According to Rak, his superintendent suddenly shoved him to the ground without warning. The incident left him injured and shocked. The next day, things got worse. C-I terminated Rak’s employment and, as he claimed, left him stranded…
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Dentistry Expert’s Testimony on Conscious Sedation Admitted
This case stems from allegations by the U.S. Department of Justice that Dr. Eli Jarjoura, a licensed dentist, illegally prescribed Schedule IV controlled substances without a “legitimate medical purpose . . . in the usual course of his professional practice.” Jarjoura instructed the patient to take one 0.25 mg tablet of triazolam and one 0.5…
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Law Enforcement Expert’s Testimony on Sound Professional Standards Admitted
The Plaintiff, Hannibal Buress, is a well-known stand-up comedian who brought this case against two Miami Police Department (“MPD”) Officers, Luis Verne and Elio Villegas, and the City of Miami, for violations of his civil rights under both federal and Florida law based on an incident in the Wynwood area of Miami on December 9,…
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Statistics Expert’s Testimony on Discriminatory Employment Decisions Limited
The Plaintiffs had been employed by the Metropolitan Government of Nashville and Davidson County, Tennessee. They alleged in their lawsuits that, on May 4, 2020, they were either terminated or demoted for discriminatory reasons, and brought claims asserting many of the same legal violations. The Defendants filed two motions to exclude the testimony of Plaintiffs’…
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Expert Testimony on Future Economic Losses Did Not Rely on Improper Assumptions
This case concerns a maritime personal injury sustained by a Mexican citizen, who was legally working in the United States on a seasonal H-2B visa. To assess damages, Espinoza hired AsherMeyers, LLC, a dispute advisory and forensic accounting firm, to calculate his economic losses, which include his future loss of earning capacity, fringe benefits, and…
