Category: Expert Challenges
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Environmental Engineering Expert Witness Validates Methodology Employed by Whistleblower
On Feb. 3, 2023, a train carrying chemicals jumped the tracks in East Palestine, Ohio, rupturing railcars filled with hazardous materials and fueling chemical fires at the foothills of the Appalachian Mountains. The Defendant Norfolk Southern Railway Company (“NSR”) was held responsible for the train derailment and chemical spill (vinyl chloride), which adversely affected not…
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Valuation Expert Witness’ Testimony About Neutral Third Party Appraisers Excluded
McDonald’s Corporation (“Plaintiff”) filed this breach of contract action against Vanderbilt Atlantic Holdings LLC (“Defendant”). The primary issue to be tried in this case is whether Vanderbilt failed to cooperate in the process set forth in an addendum to a lease between McDonald’s and Vanderbilt (the “Lease”) to evaluate the fair market rental value (“FMV”)—the…
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Fraud Examination Expert Witness’ Testimony About the Effect of Misappropriated Trade Secrets Excluded
This case stems from a trade secret dispute between University of Mississippi Medical Center (“UMMC”) and Defendant Dr. Spencer Sullivan, a former employee of UMMC. The Court has resolved the issue of liability through its Order granting default judgment in favor of Plaintiff. The injury pleaded by UMMC is the loss of certain specific former…
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Retirement Plan Expert Witness’ State of Mind Opinions Excluded
In 2016, Defendants Signode Industrial Group, LLC, and Illinois Tool Works, Inc. unlawfully terminated promised healthcare benefits for Plaintiffs, a class of retirees and their dependents. On March 26, 2019, this Court enjoined Defendants to reinstate Plaintiffs’ healthcare benefits that were in effect before January 1, 2016. Defendants implemented a new healthcare benefits plan effective…
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Neurology and Pain Management Expert Witness’ Opinion Regarding Vascular issues Being a Potential Causal Factor Admitted
This maritime negligence case arose from an accident involving Joseph Sylvester that occurred on September 23, 2021. In 2021, Talos operated the South Marsh Island 130 (“SMI 130”) field, located in the Gulf of Mexico on the Outer Continental Shelf. Sylvester, employed as a crane mechanic by Gulf Crane Services, Inc. (“GCS”), was assigned to…
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Safety Expert Witness’ Testimony on Deficient Inspections Limited
Plaintiff Bailey Aldrich slipped and fell from a single step landing at a United States post office, injuring her foot. Aldrich testified that as a result of her fall, all of her weight landed on her right foot, and she broke three bones in the top of her right foot close to her ankle. She then…
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Opposing Experts’ Testimony On Fire Origin and Cause Investigation Partly Excluded
This matter arises from a July 30, 2022, lightning strike in Water Valley, Mississippi, which caused a fire and ultimately the destruction of a warehouse and its contents, including automotive components owned by the Plaintiff Kodaco and stored in the warehouse. Kodaco claims “approximately $3,500,000.00 worth of business property” was stored at the subject warehouse,…
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Mechanical Engineering Expert Witness’ Product Identification Opinion Excluded
This case arises from a boating accident at Lake Powell on July 29, 2018. Plaintiff, while aboard a Moomba Mondo ski boat purchased from Rocky Mountain Boat Company (ROMOBOCO), was injured when a carabiner (the Subject Carabiner) suddenly failed and struck her in the head. Plaintiff survived, but she allegedly suffers from permanent disabilities due…
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James E. Lewis, Transportation Safety Expert Witness Stands Vindicated; Judge Confirms Exclusion was Procedural and Unfortunate
James E. Lewis, a seasoned transportation safety expert, faced an unfortunate twist in his professional journey. Despite his extensive experience and deep insight into the trucking industry, he found himself disqualified from providing testimony in a significant personal injury case—not due to his lack of expertise, but because of an unnoticed procedural misstep. In the…
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Neonatology Expert Witness is Not Qualified to Provide Opinions Regarding the Standard of Care for Obstetrics
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for…
