Category: Expert Challenges
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Transportation Safety Expert Witness’ Opinions Held to Consist of Abstract Propositions
This case stems from a very minor rear-end motor vehicle accident on March26, 2021, which resulted in slight bumper damage to Plaintiffs’ truck. Defendant Ryan Transport employed Defendant Cummings and was under dispatch for Defendant Lenk Express at the time of the subject accident. To begin with, Plaintiffs retained and identified Linda Day to testify,…
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Art and Humanities Expert Witness’ Testimony Did Not Employ a “Prior Art” Methodology
A district judge in California limited the testimony of the Defendant’s substantial similarity expert witness as he lacked the requisite qualifications to express his opinions regarding Polynesian, Oceanic, or Hawaiian mythology, folklore, history, religion, or culture. Plaintiff Buck Goodday Woodall filed a copyright infringement case against Defendant The Walt Disney Company, Buena Vista Home Entertainment…
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Credit Reporting Expert Witness’ Testimony about Difficulties Resulting from Misreporting on a Credit Report Limited
Plaintiff, Jamaal Nelson applied for housing with Younger Developments in Texas around February 2023. He alleged he was denied housing on February 7, 2023 because Defendant’s consumer credit report reported Plaintiff as “Deceased” on a Capital One tradeline and this happened because Defendant failed to investigate the alleged inaccuracy. He added that due to his being…
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Court Limits Transportation Safety Expert Witness’ Testimony After he Fails to Identify a Safety Rule Violation
A district judge in Pennsylvania limited the Transportation Safety Expert’s testimony about the Defendant’s failure to review safety and compliance data. Defendant Gateway Freight Systems, Inc., on behalf of Defendant Tempel Steel, retained Defendant Foxway Transportation, Inc. to transport a shipment of Tempel’s product from Tempel’s Canadian location to two locations in Pennsylvania. On October…
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Testimony of Firearms and Toolmark Expert Witnesses Held to Meet Daubert’s Reliability Requirement
The Grand Jury charged Defendants Ariel Petersen, Ivan James, and John Williams with multiple firearms offenses and other crimes. The charges specified the illegal use of a Glock 40 caliber pistol, an Olympic Arms MFR AR rifle, and a Romarm WASR-10 AK rifle. Defendants contested the reliability of expert testimony the United States intended to…
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Vocational Rehabilitation Expert Witness’ Analysis of the Plaintiff’s Earning Potential Rejected
Plaintiff, Alex Mundy, a former graduate student at the University of Wisconsin—Madison, filed this lawsuit against the Board of Regents of the Universities of Wisconsin (the Board of Regents) alleging illegal retaliation in violation of the Rehabilitation Act. Mundy claimed the Board of Regents retaliated against her by refusing to award her a coursework master’s…
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Mergers & Acquisitions Expert Witness’ Testimony About Due Diligence Deemed Irrelevant
Plaintiffs, ECB USA, Inc. and Atlantic Ventures Corp. accused Savencia and Zausner, together with other persons and entities, of commiting a series of tortious acts, including, but not limited to, looting the assets of Schratter Foods Incorporated (“Schratter”), then fraudulently inducing Plaintiffs into executing an agreement to purchase all of Schratter’s shares (the “Stock Purchase…
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Preventive Medicine Expert Witness’ Testimony on the Air Quality Admitted
A district judge in Kentucky found the testimony of preventive medicine expert reliable while ruling on the Plaintiffs’ state law tort claims. Plaintiffs Mark and Deborah Brackett (the “Bracketts”) and Doug Coomer (“Coomer”) (collectively “Plaintiffs”) own properties in Clementsville, Kentucky. Defendant Columbia Gulf Transmission, LLC own a natural gas compressor station (the “Compressor Station”) adjacent…
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Civil Rights Expert Witness’ Opinions About Defendant’s Conduct Limited
Plaintiff, Erika Pogorzelska filed this action in August 2019. She alleged in her remaining claims that VanderCook, a school she attended, violated Title IX of the Education Amendments of 1972 (“Title IX”) and the Illinois Civil Rights Remedies Restoration Act by its deliberate indifference to her allegations that she was sexually assaulted and battered by…
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Testimony of Plant Genetics Expert Witness Based on his own Academic Research Admitted
A district judge in Arizona decided against excluding the testimony of a plant geneticist considering his specialized technical expertise in wheat genetics and breeding. Plaintiff, Calyxt Inc. is an agricultural company specializing in gene-editing technology for crops like wheat and soybeans. In October 2019, Calyxt planted a genetically engineered high fiber wheat (“HFW”) product in two…
