Category: Expert Challenges
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Maritime Safety Expert Was Barred From Opining on Structural Integrity
At its core, this case involves an alleged injury on a ship. Specifically, Plaintiffs Robert Mondella and Tara Mondella allege that Mr. Mondella was seriously injured when he fell from a gangway while performing services on board the JPO Capricornus (the “Capricornus”), a vessel owned by Defendants. Defendants filed a motion to exclude the report…
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Compliance Expert Was Allowed to Opine on Amazon Policy
ZAGG initiated this action against DVG, TX Trading Inc. (“TX Trading”), and Menachem Mendel Ichilevici (“Ichilevici”) (collectively, “Defendants”), alter egos collectively doing business as Amazon Seller “Mac N’ Cheese,” violated Sections 32 and 43 of the Lanham Act, 15 U.S.C. §§ 1114, 1125(a), by infringing on ZAGG’s trademarks and falsely advertising ZAGG products. Plaintiff, ZAGG,…
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Piloting Expert Was Allowed to Opine on Spatial Disorientation
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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Nutrition Expert Was Allowed to Opine on the Use of Statutes and Regulations
Plaintiffs are the estates of three decedents, Robert W. Petersen (“Mr. Petersen”), Mary Ann Simons, (“Ms. Simons”) and Charlotte Elaine Guilford (“Ms. Guilford”) (collectively, “Plaintiffs”). Plaintiffs were residents of Canyon Creek, an assisted living facility in Billings, Montana specializing in memory care, during the height of the COVID-19 pandemic in 2020. Plaintiffs alleged that Canyon…
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Accident Reconstruction Expert’s Meteorological Opinions Excluded
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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Accounting Expert was Allowed to Opine on the Fair Market Value
Upper Deck claimed that Pixels has marketed and sold wall décor featuring images that infringe upon Upper Deck’s trademarks and Michael Jordan’s name, image, likeness, and publicity rights. Basically, Upper Deck brought this action pursuant to an exclusive agreement with Jordan (the “Jordan Agreement”) for the use of his name, image, likeness, and other publicity…
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Public Health Expert Was Allowed to Opine on the Quality of Care
This is a securities class action, led by Chicago Laborers’ Pension Fund and New York Hotel Trades Council & Hotel Association of New York City, Inc. Pension Fund (collectively, “Plaintiffs”). Plaintiffs alleged that Acadia Healthcare Company, Inc. (“Acadia”) and several of its current and former executives, including David M. Duckworth, Brent Turner, and Joey A.…
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Avionics Expert Allowed to Opine on Engine Failure
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 Was Allowed to Opine on Recidivism
Plaintiff John Doe brought facial and as-applied constitutional challenges to the reporting requirements contained in Arizona’s sex offender registry statutes. Under Arizona’s statutory scheme, Doe is required to register as asex offender for life. Intervenor-Defendants Warren Petersen and Ben Toma retained Dr. John Lott as an expert witness. Plaintiff filed a motion to exclude the…
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Class Action Expert Was Allowed to Opine on the Notice Procedure
The Telephone Consumer Protection Act (TCPA) prohibited robocalls to cellphones except in emergencies or with the recipient’s consent. Jason Saggio and Jude Furr, on behalf of a proposed nationwide class, alleged that Defendant Medicredit, a medical debt collector, erroneously and unlawfully placed robocalls to their cellphones to collect debts they didn’t owe. Plaintiffs proposed a…
