Category: Expert Challenges
-
Economics Expert Witness’ Conclusions Regarding Lost Profits Damages Admitted
In this action, the Frazier Parties alleged that the Eagle Air Parties lacked probable cause to sue them for defamation and other similar claims in an underlying lawsuit that concluded in 2020 (the “Underlying Action”). The Frazier Parties claimed that the Underlying Action damaged Sentinel’s existing or prospective client relationships, resulting in lost profits of…
-
Automotive Industry Expert Witness’ Testimony about the Legitimacy of the Investment and Business Practices Excluded
Plaintiff filed this lawsuit to recover the $425,000 investment it made into the corporate Defendant, No-H20 USA, Inc., which was the product of fraudulent misrepresentations made by Defendant O’Brien both verbally and in writing pertaining to the Company’s performance and ownership of critical intellectual property. O’Brien was at all material times the CEO of the…
-
Environmental History Expert Witness’ Testimony About the Original Parties’ Motivations Admitted
Plaintiffs Box Elder Kids, LLC filed a class action lawsuit against Defendants Anadarko Petroleum Corporation, Anadarko E & P Onshore, LLC, and other associated entities alleging a breach of Surface Owner Agreements (SOAs). These agreements obligated Anadarko, as successor to Union Pacific Land Resources Company, to pay a percentage of the value from oil, gas,…
-
Pharmacy Expert Witness’ Testimony Excluded for Rejecting Published, Peer-Reviewed Ranitidine Epidemiology
Plaintiff alleged that his use of the antacid medication Zantac caused him to develop prostate cancer because Zantac’s active ingredient, ranitidine, has been found to degrade N-nitrosodimethylamine (“NDMA”). Brand Defendants’ filed a motion to exclude Plaintiff’s expert Dr. Steven Bird under Daubert. Pharmacy Expert Witness Steven Bird is a lead epidemiologist at the Food and…
-
Testimony of Finance Expert Witnesses About Monitoring Responsibilities Under ERISA Admitted
Class Representatives Peter Trauernicht and Zachary Wright (“Plaintiffs”), on behalf of themselves, the Genworth Financial Inc. Retirement and Savings Plan (the “Plan”), and all other similarly situated individuals, filed suit against Genworth Financial, Inc. (“Genworth” or “Defendant”) alleging that Genworth breached its fiduciary duties under the Employee Retirement Income Security Act. Plaintiffs claimed that Genworth violated its…
-
Testimony of Geology Expert Witnesses about the Environmental Remediation of the Property Admitted
This breach of contract action arises from a series of agreements relating to real property located at 2497 Adam Clayton Powell Jr. Boulevard in Manhattan (the “Property”) that was contaminated by an oil spill (the “Spill”) originating from non-party ExxonMobil’s adjacent gas station. In February 2010, the Plaintiff, 2497 Realty Corp., executed the Contract of…
-
Vocational Rehabilitation Expert Witness’ Testimony about Reasonableness of Employment Termination Excluded
Plaintiff, the Equal Employment Opportunity Commission (“EEOC”), filed suit against Defendant, the Defender Association of Philadelphia, alleging that the Defender Association failed to provide “M.P.” with a reasonable accommodation for her disability and terminated her employment in violation of the Americans with Disabilities Act (“ADA”). EEOC filed a motion to exclude the Defender Association’s expert,…
-
Law And Legal Expert Witness’ Testimony as to the Existence of Probable Cause Excluded
In this action, the Frazier Parties alleged that the Eagle Air Parties lacked probable cause to sue them for defamation and other similar claims in an underlying lawsuit that concluded in 2020 (the “Underlying Action”). The Frazier Parties claimed that the Underlying Action damaged Sentinel’s existing or prospective client relationships, resulting in lost profits of…
-
Testimony of Accounting Expert Witnesses Admitted Despite Using a Different Form of Calculation
This case arises out of a fee dispute between Defendant, CMR Construction & Roofing, LLC and Plaintiff, Crescent City Remodeling, LLC. CMR contracted Crescent to perform remediation work at Tangipahoa Parish School Board buildings following Hurricane Ida. Crescent later alleged that CMR breached the parties’ Joint Work Agreement by failing to compensate Crescent for its…
-
Pediatrics Expert Witness’ Psychological Diagnoses of the Three Children Admitted
Respondent traveled with her three minor children, J.H., A.H., and S.H., from Mexico to the United States in 2022. Petitioner sought the return of his minor children to Mexico under the Hague Convention. Respondent called Dr. Minal Giri to testify as an expert witness on July 16 and Dr. Paul Gillingham to testify as an…
