Category: Expert Challenges
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Trucking Expert Not Allowed to Opine on the Trailer Door
This dispute arises from an incident that occurred on February 6, 2021, in which Plaintiff Lee James Barley was injured when he fell while loading his belongings into a trailer. Defendants ArcBest II, Inc. and Old Dominion Freight Line, Inc. filed motions to exclude the opinions of Mark Respass, Jeffrey Marksthaler, and Michael Freeman. Trucking…
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Accounting Experts’ Testimony on Exclusivity Agreement Limited
CellMark brought several claims against Dinah Bowman, Göran Sohl, andFortex Americas, LLC (collectively the “Fortex Defendants”), as well as Rob Webster arising out of the unamicable end of Webster’s employment at CellMark in 2024. Plaintiff CellMark, Inc. retained an expert, Jay Cunningham, to show that itsuffered various economic damages arising from its claims in this…
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Insurance Expert Not Allowed to Opine on the Actual Cash Value of the Home
On November 10, 2022, Kenneth and Phyllis Zerr perished in a house fire. Plaintiffs—the Zerrs’ children and Kenneth Zerr’s estate—alleged that the fire was caused by a defective dehumidifier produced by Gree. Defendants sought to call an insurance adjuster, Steven Weitz, to testify as to the value of the home, and its contents, before and…
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Roofing Expert Was Allowed to Opine on the Repairs
Plaintiffs 4612 S. 88th Street, LLC (“4612”), and OO7, LLC (“OO7”) filed their claims alleged in this matter against Tri-State to obtain the replacement cost insurance benefits provided under Tri-State Policy No. ADV 3188538-21 for direct physical damage sustained to the insured premises at 4612 South 88th Street, Omaha, Nebraska (the “4612 Building”) and 8811…
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Firearms Expert Allowed to Opine on Air Rifle
This is a products liability case arising from an alleged injury caused by an air rifle. Plaintiff Brian Cornwell (“Cornwell”) ordered an air rifle from Extreme Big Bore Air Rifles on March 25, 2021. After regularly using the rifle for nearly two years, on January 11, 2023, Plaintiff injured himself while attempting to fill the…
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Orthopedic Surgery Expert Not Allowed to Opine on Foot and Ankle Swelling
On October 5, 2022, Plaintiff John Caton, then 77 years old, was crossing the street, when he was struck by a USPS postal truck. Plaintiff claimed injury to and future medical care needs for not just his right hip and cervical spine, but also for his right shoulder, right foot and ankle, right thumb, and…
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Roofing Expert’s Causation Opinion Excluded
This case arises out of an insurance claim (the “Claim”) Plaintiff Mike Nguyen submitted to Allstate seeking coverage under his homeowners insurance policy (the “Policy”) for damages to the roof and certain exterior components of his dwelling (the “Property”) that he said were caused by a hail storm that occurred on May 1, 2022 (the…
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Law Enforcement Expert Allowed to Opine on Taser Use
Plaintiff Angelo Black brought this civil rights and state tort damages action in October 2023 against former Gwinnett County Police Officer, Chase Weber. Black was seriously injured during the course of a police foot chase that occurred in October 2021. The foot chase ultimately ended with Officer Weber deploying a taser to immobilize Black, resulting…
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Allergy and Immunology Expert’s Causation Opinion Admitted
This is an employment action brought under state and federal law. Donna Neil (“Plaintiff”) brings this lawsuit against her former employer, KMT Waterjet Systems, Inc. (“KMT”), and Flow International Corporation (“Flow”) (collectively, “Defendants”), both of which are subsidiaries of Shape Technologies, Inc. (“Shape”). On January 13, 2023, Neil submitted an ADA Reasonable Accommodation Request Form,…
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Tax Expert Was Not Allowed to Opine on the Legal Effect of a Contract
Plaintiff Nilesh Shah accepted a position as Vice President of International Sales & Service in 2019 and was assigned to live and work in Singapore for Defendants. His employment terms were set forth in a letter of employment signed March 8, 2019, and later amended by a promotional offer, which was signed on May 4,…
