Category: Expert Challenges
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Law Enforcement Expert’s Opinion on Reaction Time Admitted
This case arises from the fatal shooting of Caleb Slay by federal Drug Enforcement Administration (“DEA”) Agent Anthony Gasperoni. On November 2, 2020, Slay encountered DEA Agent Gasperoni and DEA Agent John Stuart. During the ensuing interaction, DEA Agent Gasperoni discharged his firearm, fatally shooting Slay. Slay’s mother, Tina Richardson, filed this case asserting numerous…
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Orthopedic Surgery Expert’s Testimony on TMJ Injuries Admitted
This case concerns alleged personal injuries suffered by Misty Adkins in a motor vehicle accident on August 22, 2023. Adkins alleged that she was traveling southbound in Pike County, Kentucky, when Hacker pulled out in front of her, causing her to strike the rear of his vehicle. It is also alleged that Clemon Hacker was driving…
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Class Action Expert’s Testimony on Residential Telephone Numbers Admitted
Kelly Usanovic brought this class action suit for injunctive relief and an award of statutory damages in response to real estate brokerage firm EXP’s alleged violation of the Telephone Consumer Protection Act (“TCPA”). Usanovic alleged that EXP directed its agents to place unsolicited calls to consumers’ telephone numbers who are registered on the National Do…
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Vocational Rehabilitation Expert Was Allowed to Opine on Economic Horizons
Natasha Shea was involved in a slip and fall accident at Kalahari Resort in thePennsylvania Pocono Mountains on March 11, 2023. Defendants sought to preclude Plaintiff Natasha Walkowicz Shea from offering any testimony from her economic loss experts John W. Dieckman, MS, CRC, CDMC and Andrew C. Verzilli, MBA. Vocational Rehabilitation Expert Witness John W. Dieckman, MS,…
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Internal Medicine Expert’s Testimony on a Syncopal Episode Admitted
On June 3, 2020, Matthew Vomero was driving a tractor trailer when his vehicle crashed into a building insured by Travelers Home and Marine Insurance Company (“Travelers”). At the time of the accident, Vomero was acting in the course and scope of his employment with U.S. Xpress. The parties dispute whether Defendants have presented admissible…
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Event Management Expert’s Use-of-Force Opinions Excluded
This dispute stems from a February 08, 2017 incident in which MSG security guards and New York City Police Department officers forcibly removed Charles Oakley from a New York Knicks basketball game at Madison Square Garden. Defendants MSG Networks, Inc., Madison Square Garden Sports Corp., and Sphere Entertainment Group, LLC (collectively, “MSG”) filed a motion…
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Privacy Expert’s Testimony on Alexa Users Limited
This class action lawsuit arises out of Amazon’s practice of using smart-speaker technology (“Alexa”) to surreptitiously: (a) intercept; (b) eavesdrop; (c) record; (d) disclose; or (e) use millions of Americans’ voices and communications, all without their knowledge or consent. Such conduct blatantly violates Washington’s wiretapping law, which applies nationwide to Plaintiffs and all members of…
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Mechanical Engineering Expert Allowed to Opine on Clear Warnings
This lawsuit arises out of the death of Timothy L. Stringer (“Stringer”) resulting from a May 15, 2021, explosion on an offshore oil and gas production platform owned by Fieldwood Energy LLC (“Fieldwood”). At the time of the accident, Stringer was working on the platform and, along with another employee, was performing a pressure integrity…
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Human Resources Expert Was Not Allowed to Opine on an Employer’s Obligations
Plaintiff Andrew Brown alleged that CSX Transportation, Inc. violated his rights under the Family and Medical Leave Act (FMLA) by subjecting him to CSX’s attendance policy and by suspending and ultimately terminating him for taking FMLA leave. Brown hired Beth De Lima, a “Human Resource / Vocational Rehabilitation consultant,” to offer an expert opinion on…
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Industrial Hygiene Expert’s Testimony on Asbestos Exposures Admitted
In this litigation, Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner (collectively, “Plaintiffs”) alleged that Decedent Michael P. Dandry, Jr. (“Decedent”), while an employee for Defendant Huntington Ingalls Incorporated (“Avondale”), was exposed to asbestos and asbestos-containing products manufactured, distributed, sold, and/or handled by Avondale and other parties. Avondale filed a Dabuert motion to exclude the testimony…
