Category: Expert Challenges
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Marketing Expert Witness’ Testimony on Consumer Perceptions Excluded Because His Survey is Flawed
Plaintiff Multiple Energy Technologies, LLC (“MET”) accused Under Armour of false advertising in relation to certain products that contain bioceramic powder. MET contended that Under Armour inaccurately claimed that the Federal Food and Drug Administration had determined that those products enhanced recovery. Under Armour sells activewear and sleepwear products directly to consumers. This includes the…
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Marketing Expert Witness’ Testimony on Consumer Confusion Deemed Speculative
Plaintiff IEP Technologies, LLC brought this action against Defendants KPM Analytics, Incorporated f/k/a Statera Analytics, Incorporated and KPM Analytics North America Corporation f/k/a Process Sensors Corporation (collectively “KPM”) for allegedly violating IEP’s trademark. The complaint asserts violations of the Lanham Act, besides a claim for common law trademark infringement and unfair competition. Genuine disputes of material…
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Environmental Science Expert Witness’ Analysis of Historical Emissions Deemed Reliable
Over sixty Plaintiffs alleged that Defendant Lockheed Martin Corporation’s weapons manufacturing facility in Orlando released toxic chemicals that contaminated the air, soil, and groundwater, leading to various injuries among the Plaintiffs. The instant case formed a part of a group of related toxic tort cases. Following a complex history during the dispositive motion stage, the…
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Accounting Expert Witness’ Testimony on Damages Admitted Because it Includes Independent Analysis
Plaintiff American Power, LLC (“AMP”) is a trucking-logistics company headquartered in Dayton, Ohio. According to the Complaint, Plaintiff invested in and loaned $450,000 to Defendant Dektrix LLC, a transportation-servicing company headquartered in Utah. The Complaint charges that the investment and loan were fraudulently obtained and ultimately worthless. Plaintiff sought to impose liability upon Dektrix and…
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Social Work Expert Witness’ Testimony Regarding Fresno County’s Investigation of Abuse and Neglect Allegations Excluded
Plaintiff Ethan Levi (“Plaintiff”) filed this action on behalf of J.C., a minor child, against the Oregon Department of Human Services (“DHS”) and several of its employees (collectively, “Defendants”). Plaintiff’s complaint alleges civil rights violations arising out of the sexual abuse of J.C. while in the custody of DHS-certified foster care provider Joe Albert Raygosa.…
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Ophthalmology Expert Witness’ Testimony Not Fully Excluded Because He Understands Color Vision Acuity Testing
Plaintiff Mark Walker (“Walker”) worked as a locomotive engineer for Defendant Union Pacific Railroad Company (“Union Pacific”) from approximately 2005 through 2019. After the Court dismissed Walker’s claim under the Americans with Disabilities Act (“ADA”) alleging failure to accommodate, Walker’s remaining claims allege disparate treatment and disparate impact in violation of the ADA. Walker contends…
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Accounting Expert Witness’ Testimony Excluded Because He Makes No Effort to Distinguish Lost Profit Damages
It all started when GE and X-Ray contracted for the acquisition, sale and purchase of certain equipment and services required to outfit a nuclear radiopharmaceutical laboratory—the first of its kind in Jamaica. X-Ray later accused GE Entities of breaching their duties of care to X-Ray and breaching various components of the operative agreement– the International…
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Accounting Expert Witness’ Testimony About Damages Calculations is Not Fatally Deficient
The Plaintiffs sought damages and injunctive relief accusing the Defendants of willfully, intentionally, and calculatedly refusing to provide potable water to residents of the Plaintiffs’ manufactured home communities and a denial of applications by the Plaintiffs Grover Dinwiddie, and Sarina Shannon for municipal water utility services provided to other residents of the City of Oak…
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Industrial Engineering Expert Witness Permitted to Testify that the Subject Iron Worker Was Defectively Designed
Plaintiff Richard Culley (“Plaintiff” or “Culley”) initiated this action on September 9, 2020, seeking redress for claims of manufacturing defect, breach of expressed or implied warranties, design defect and failure to warn arising from an incident on December 9, 2017 (the “accident”) wherein Plaintiff, while working for Hudson River Truck and Trailer (“Hudson”), sustained serious…
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Economics Expert Witness’ Event Study Admitted Despite the High Rate of False Positives
Plaintiffs Richard Dennis, Port 22, LLC, and Michael Glass asserted Commodity Exchange Act and Sherman Antitrust Act claims, alleging that The Andersons, Inc. (“TAI”) and Cargill Incorporated, who were supposed competitors, operated multiple grain storage warehouses in Ohio and collaborated to manipulate prices of soft red winter wheat (“SRW wheat”) futures and options contracts on the…
