Category: Expert Challenges
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Economics Expert’s Opinion on Copyright Damages Excluded
Plaintiff The Upper Deck Company (“Upper Deck”) sued its former contractor, Ryan Miller (“Miller”), and its competitor, Ravensburger North America Inc. (“Ravensburger”), for claims arising from the alleged copying of Upper Deck’s new trading card game (“TCG”), Rush of Ikorr. Miller filed motions to exclude Plaintiff’s expert witnesses Dr. Roberto J. Cavazos and Dr. Ian Bogost while…
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Insurance Expert’s Testimony on Legal Obligations Excluded
Plaintiff The Lucia Family Trust (“Plaintiff” or the “Trust”) and non-party Daniel Unrein had a homeowners insurance policy (the “Policy”) with Defendant American Family Mutual Insurance Company, S.I. (“Defendant” or “American Family”). The policy covered a property located in Denver, Colorado (the “Property”). A fire occurred at the property in September 2021, and Unrein submitted…
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The Psychiatry Expert Was Allowed to Opine on the Absence of Sexual Trauma
Defendant Wendy’s International, LLC operates a multinational fast food restaurant chain specializing in hamburgers and French fries. M.B. was a minor female employee of a Wendy’s restaurant in Lutz, Florida. M.B. alleged that from September until December 2023, she was subjected to sexual harassment at Wendy’s by Jamaya Clemmons, a 25-year-old male Wendy’s employee. She…
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Compliance Expert’s Testimony on the Marketability of the Olivetol Excluded
Noramco and Dishman entered into a contract (“the Supply Agreement”) under which Dishman agreed to provide Noramco with a large amount of olivetol, an ingredient used in the manufacture of pharmaceutical products. The Supply Agreement required Dishman to supply Noramco with olivetol manufactured at Dishman’s facilities in India. The Agreement represented that those facilities were “c-GMP…
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Telecommunications Expert’s Testimony on Business Matters Excluded
Plaintiff Calltrol Corporation (“Plaintiff”) initiated this action on October 6, 2018, against LoxySoft AB and LoxySoft Inc. (together, “Defendants”), alleging breach of contract, tortious interference with prospective economic benefit, unfair competition, false and deceptive practices. Plaintiff sold call center software, hardware products, and related support services. LoxySoft Inc. is a wholly owned subsidiary of LoxySoft…
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Trucking Expert’s Testimony on the Preventability of the Accident 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. Defendants Central Freightlines, Inc. and Nicholas Roshon Moore (collectively,…
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Compliance Expert’s Testimony on the Hallmarks of a Pill Mill Excluded
Defendant Heather Marks, a nurse practitioner, is charged in a Superseding Indictment with distributing and conspiring (with her former co-defendant, Hemal Mehta, M.D.) to distribute Schedule II controlled substances outside the usual course of professional practice and without a legitimate medical purpose. The Defendant also sought to introduce the testimony of Michael W. Staples, CMBI, as…
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Anesthesiology Expert’s Testimony on the Value of Promotion Admitted
Plaintiff, Dr. Sheldon Goldstein, a former physician in the Department of Anesthesiology quit his employment when in 2021, he did not receive apromotion to Professor on the Clinical Educator Track, the same promotion he did not attain the year prior. Goldstein alleged that he was subjected to discrimination and harassment because of his disability in…
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Expert Testimony Admitted Despite Late Disclosure of Complete Reports
This action arises out of a car accident that took place in April 2022 in Gainesville, Georgia. At the time of the accident, Defendant Darar Kerenso was employed as a driver for HJ Trucking. Plaintiff Charlene Taylor-Thomas was sitting in the driver’s seat of a parked and turned off vehicle with a friend in the…
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Emergency Medicine Expert’s Testimony on Jail Policies Admitted
Jeff Trevillion, as Special Administrator for the Estate of Louis Perales,deceased (“the Estate”), filed a claim for cruel and unusual punishment against the arresting officer and the jail staff in their individual capacities, and Sheriff Scott Owen (“Owen”) in his official capacity as Sheriff of Washington County, Oklahoma. The Estate alleged that the Defendants’ policy…
