Category: Expert Challenges
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Adolescent Health Expert’s Testimony on Brain-Scan Studies Excluded
A.C. is a transgender boy who attends Martinsville High School. Prior to attending Martinsville High School, he attended John R. Wooden Middle School (“Wooden Middle”). While attending Wooden Middle, A.C. sought to use the boys’ restroom, the restroom he felt most comfortable using, but was denied access by the School District. The School District offered…
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Geriatrics Expert’s Cause-of-Death Opinion was Deemed Reliable
James Dean Bloomer, as the surviving child of decedent James Wright Bloomer; and the Estate of James Wright Bloomer, through James Dean Bloomer Jr. as Administrator of the Estate, brought this action against Defendants HMG Park Manor of Westwood, LLC and HMG Services, LLC. Plaintiffs alleged wrongful death and survival claims under Kansas law arising…
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Family Medicine Expert’s Standard-of-Care Testimony Excluded
This lawsuit arises out of medical care and treatment Courtney L. Mapes rendered to Plaintiff Bradley Medina on February 8, 2019 at Family Health Care Network. Medina brought a cause of action against Mapes for medical negligence based on the allegation that Mapes misdiagnosed him with a hamstring injury rather than an infection in his leg.…
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Packaging Expert’s Testimony on Compression Failure Limited
Plaintiff Tricia McFee asserted a negligence claim against Defendant BJ’s Wholesale Club, Inc. (“BJ’s”) under New York law, arising from a slip-and-fall accident in the bottled water display area on August 20, 2020, while she was at a BJ’s club in Brooklyn, New York. Defendant filed a motion to exclude the testimony of Sterling Anthony,…
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Orthopedic Surgery Expert Allowed to Testify Despite a Temporary Lapse in Board Certification
This case concerns a personal injury. On July 5, 2021, Plaintiff Cline Cockburn was employed by AmSpec Services, LLC as a petrochemical inspector performing work for Marathon Petroleum Company, LP aboard in rem Defendant the M/V San Roberto, a vessel owned and operated by Defendant Buffalo Marine Service, Inc. (“Buffalo Marine”). At the time, the San Roberto was moored at a…
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Law And Legal Expert’s Speculative Calculations of Future Earnings Excluded
Drew Dixon alleged that the Defendant, Antonio Marquis “L.A.” Reid sexually harassed her and refused to allow her to succeed unless she acquiesced to his demand to be alone and in close proximity to her while she was employed as an A&R executive at Arista Records from 1996 to 2002. Dixon claimed that Antonio Reid sexually…
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Architecture Expert’s Testimony Regarding the Mat’s Condition Excluded
In December 2022, Carole Daniel (“Ms. Daniel”) tripped on a floor mat and fell inside a Phenix City, Alabama Dollar General retail store (“Dollar General”). Ms. Daniel suffered injuries and later sued Dolgencorp, LLC (“Dolgencorp”), the corporate entity operating the Dollar General. On June 15, 2024, Ms. Daniel passed away. Ms. Daniel’s husband, Ralph Daniel…
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Economics Expert’s Testimony on Prime Enrollments and Cancellations Admitted
The Federal Trade Commission contended that Amazon tricked, coerced, and manipulated consumers into subscribing to Amazon Prime. According to the FTC, this was accomplished by failing to disclose the material terms of the subscription clearly and conspicuously and by failing to obtain the consumers’ informed consent before enrolling them. The FTC also alleged that Amazon…
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Mechanical Engineering Expert Barred From Testifying for Not Testing Alternative Design
Plaintiff Paul Johnson sustained severe injuries while operating a RIDGID K-6200 drain cleaning machine (“subject machine”) at his workplace. He sued the machine manufacturer, Defendant Ridge Tool Company (incorrectly identified as Ridge Tool Manufacturing Company, Inc.), asserting claims for negligence, product liability, and failure to warn. Plaintiff brought this lawsuit contending that Defendant manufactured an…
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Transportation Safety Expert’s Testimony on Compliance with Federal Safety Regulations Admitted
This case concerns a motor vehicle collision that occurred between Plaintiff Bryan Russell Arnett (“Plaintiff”) and Defendant Larry Tyrone Fairell, II (“Fairell”) on December 14, 2022. Fairell filed a motion to partially strike the testimony of Arnett’s retained transportation safety expert, David Hedgpeth. Transportation Safety Expert Witness David Hedgpeth is the principal owner of Hill…
