Category: Expert Challenges
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Fire Investigation Expert’s Analysis of Burn Patterns Admitted
Defendants owned and managed an apartment complex called The Trails at Flat Rock in Columbus, Georgia. In October of 2022, a fire occurred in Building A of the apartment complex. Kevin Ford, who was staying in unit A-24 with tenant Anthony Thorpe, died in the fire. Plaintiff, the administrator of Ford’s estate, asserted negligence claims…
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Biomechanics Expert’s Testimony on Law Enforcement Tactics Excluded
Plaintiffs alleged that Defendants former Washington County Sheriff’s Office (“WCSO”) Deputy Defendant Jeffrey Aaron Edwards (“Edwards” or “Deputy Edwards”) and former WCSO Deputy Brian Mizelle (“Mizelle” or “Deputy Mizelle”) used excessive force against them during a March 2, 2022, attempt to transport Plaintiff Gary Thomas (“Thomas”) to the Washington County Courthouse. The factual circumstances in…
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Economics Expert Allowed to Opine on Stock Inflation
Plaintiffs alleged that Defendants engaged in a scheme to defraud and made numerous materially false and misleading statements and omissions to investors regarding Acadia’s business and operations. Defendants filed a motion to exclude the testimony and opinions of Plaintiff’s expert witness W. Scott Dalrymple. Specifically, Dalrymple was retained to analyze share price inflation and damages associated with Plaintiffs’ allegations. Dalrymple…
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Expert Testimony on Legal Ethics Excluded
Robert I. Toussie alleged that he and his brother Michael entered into an agreement (the “Participation Agreement”) with Coastal Development, LLC (“Coastal”), an entity run by Richard Fields in 2000 to finance the development of casinos in Florida. However, Coastal/Fields promptly, and repeatedly, breached the terms of the Participation Agreement by not paying the Toussies…
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Accounting Expert’s Testimony on Overhead Costs Excluded
This case arises from a contract between The Bama Companies, Inc., a manufacturer of baked goods, and Stahlbush Island Farms, Inc., a farmer and food processor, for the purchase of approximately 130,710 pounds of berries for a mixed berry and lemon cream pie Bama would supply for McDonald’s restaurants. Bama claimed that it was forced…
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Wage and Hour Expert’s Testimony on Rounded Minutes Admitted
Jennmar manufactures and assembles products for use in agricultural, construction, energy, and mining industries, with locations across the United States. The Plaintiffs are current and former hourly employees of Jennmar. The Plaintiffs alleged that Jennmar failed to pay employees wages and overtime in violation of federal and state law. Specifically, the Plaintiffs alleged that Jennmar’s fifteen-minute…
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Accident Reconstruction Expert’s Testimony on Human Factors Excluded
This case arises from a fatal automobile accident that occurred on September 22, 2017. Blake Haddox was traveling southbound on a motorcycle as Defendant Nicholas Roshon Moore drove a semi-truck in a northbound lane and turned left across traffic. The two collided, and Haddox died as a result. Plaintiffs planned to present the testimony and opinions of…
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Accounting Expert’s Opinions on Lost Profits Admitted
Plaintiffs Hadek Protective Systems B.V. and Hadek Protective Systems, Inc. (collectively “Hadek”) asserted in this action that Defendant Ergon Asphalt & Emulsions, Inc. (“Ergon”) breached a Master Agreement between the parties regarding the sale and distribution of PENNGUARD® Block Lining System Products made by Ergon (the “Master Agreement”). By its choice, Hadek’s sales were limited to PENNGUARD®…
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Marketing Expert’s Testimony Excluded Due to His Inherent Bias
Plaintiff Grasshopper Gardens, Inc., a lawncare and landscaping services provider, accused PMA Mechanical LLC, a heating, ventilation, and air conditioning (“HVAC”) service provider, of trademark infringement, unfair competition, and false designation of origin. Plaintiff retained Dr. Eli Seggev to conduct a survey on the likelihood of confusion between the marks at issue in this case…
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Psychology Expert Allowed to Opine on the Causes and Effects of Sexual Harassment
Raeshon Strickland filed a lawsuit against Associated Foods Stores, Inc., alleging that she was subjected to sexual harassment and a hostile, intimidating, and offensive work environment. Strickland further contended that she experienced retaliation after opposing or reporting the misconduct. Defendant filed a motion to exclude part of the expert report prepared by Plaintiff’s expert, Dr.…
