Category: Expert Challenges
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Mechanical Engineering Expert’s Opinion About the Clogged Float Valve Admitted
This is a product liability case involving Walmart’s sale of a pressure cooker that Plaintiff Vanessa Loftis claims injured her when the lid was able to be removed while the pressure cooker was—unbeknownst to her—still pressurized. During the depressurization process, pressure cookers release steam; according to Loftis, the steam on that night “lasted forever,” around…
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Expert’s Legal Conclusions Advocating for Class Certification Excluded
This putative class action was initiated by Plaintiffs, a group of individuals who are leaseholders of oil and gas leases, against Defendant XTO Energy Inc (“XTO”) alleging that XTO breached their leases when it deducted unreasonable and excessive post-production costs from their royalty payments. Therefore, XTO filed a motion to exclude certain opinions of Plaintiffs’…
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Land Valuation Expert’s Opinions About the Current Market Value of the Properties Admitted
Plaintiffs sought the partition and sale of a Boynton Beach property, a Miami property, and a West Palm Beach property (the “Properties”). The Defendants sought to exclude the opinions, analysis, and testimony of Lara Swanson, an expert witness retained by Plaintiffs to provide an opinion of current market value for the properties at issue in…
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Orthopedic Surgery Expert’s Opinions About an Aggravation of Pre-Existing Degenerative Disc Disease Admitted
Plaintiff Myles Childress brought his claims against Defendant Wal-Mart Stores East I, LP. after he allegedly sustained injuries while delivering goods to a Walmart store in Bridgeton, Missouri. Plaintiff raised claims against both Defendant Walmart and Walmart’s employee, an unknown Doe Defendant. Dr. Richard Kube is an orthopedic spine surgeon practicing in Peoria, Illinois. Defendant argued…
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Real Estate Expert’s Opinion on the Market Value of the Miami Property Admitted
Plaintiffs sought the partition and sale of a Boynton Beach property, a Miami property, and a West Palm Beach property (the “Properties”). The Defendants sought to exclude the opinions, analysis, and testimony of George Smith, an expert witness retained by Plaintiffs to provide a Broker Opinion of Value with an opinion of market value for…
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Elevator Expert’s Twice-a-Year Inspection-Frequency Opinion Admitted
Sebastian Symeonides got stuck in a malfunctioning elevator at the Trump International Hotel in Las Vegas for 20 minutes on Valentine’s Day 2022, which also happened to be his wedding day. So he sued Trump Ruffin Commercial LLC and its affiliated entities, along with Otis Elevator Corporation for negligence and products liability. His claims are…
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Psychology Expert’s Opinions Regarding Suicide by Cop Excluded
This civil rights case arises out of the officer-involved detention and shooting of Hector Puga (“Decedent”) by California Highway Patrol officers Isaiah Kee, Michael Blackwood, and Bernardo Rubalcava (“State Defendants”) and County of San Bernardino deputies Jake Adams and Robert Vaccari (“County Defendants”) that resulted in Decedent’s death on February 17, 2021. At the Final…
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Insurance Expert’s Testimony on Industry-Accepted Claims Practices Admitted
This case arises from a claim made by Richard Bernier under the underinsured motorist (“UIM”) coverage provided in his State Farm policy. Bernier was involved in a November 18, 2020 auto accident. He settled the underlying claim for the other driver’s limits of coverage and then sought the maximum available UIM coverage under his own…
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Psychology Expert’s Testimony on the Impact of Decades of Incarceration Admitted
The Plaintiff, Glynn Simmons, was wrongfully imprisoned for nearly 49 years after a 1974 murder conviction and was exonerated in 2023. He filed a civil rights lawsuit seeking damages for the constitutional violations that led to his wrongful conviction and decades of incarceration. As a result, Simmons sued the City of Edmond, the City of…
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Correctional Healthcare Expert’s Testimony About the Risk of Overdose Admitted
S.F., a former detainee in the Denton County Jail, asserted claims for alleged violations of her constitutional rights on account of the jail’s treatment of her withdrawal from opioids during two separate incarcerations and the alleged denial by the jail of medication for Opioid Use Disorder (“OUD”). Plaintiff filed a motion to strike or limit…
