Category: Expert Challenges
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Court Admits Economics Expert Witness’ Analysis of Plaintiff’s Postinjury Economic Capacity in the Absence of the Incident
The present lawsuit involves a tort dispute arising from an incident in which Andrés González-Pérez (“Plaintiff” or “González”) was allegedly injured after he fell from a poorly maintained ladder that provided access to a vessel owned and operated by Harley Marine Financing LLC (“HMF”) and Harley Marine NY, Inc. (“HMNY,” collectively “Defendants” or “Harley Marine”).…
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Physical Medicine & Rehabilitation Expert Witness Precluded From Presenting Specific Testimony on the New Diagnosis
This a personal injury case in which the Plaintiff, Morgan Fitch, sought damages for injuries allegedly suffered while working as a conductor for Defendant BNSF Railway Company (BNSF) under the Federal Employers’ Liability Act (FELA). Fitch contends she was injured on February 28, 2020, while part of a train crew operating a BNSF train between…
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Real Estate Development Expert Witness Violates Rule 26 by Offering an Opinion on the Causation Issue
H5R owns a single-family home (the “Property”) in Dallas, Texas, for which Scottsdale Insurance issued an insurance policy covering certain causes of loss. In February 2021, water allegedly entered the Property through or near the roof. H5R “immediately notified” Scottsdale Insurance and filed a claim for this incident. More than one year after the claim…
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Adjuster Expert Witness’ Licensure Qualifies Him to Testify About Damage Causation
This case involves a Hurricane Laura claim by Plaintiff Rapides Station Land Company, LLC (“Plaintiff”), the owner of the property known as “Cowboy Town” located in Boyce, Louisiana, near Interstate 49, for alleged property damage attributable to the Hurricane. Markel American Insurance Company (“MAIC”) issued a builders risk policy of insurance to Plaintiff which provided…
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Fire Investigation Expert Witness Prohibited from Relying on Statements by an Unidentified Officer
Meadowbrook Shopping Plaza, LLC purchased a building at 3895 Metro Drive (“the Building”) in 1995. Around 2018, Mr. Khaldoun Abaji approached Meadowbrook about utilizing the Building for his business, a store called Kids Avenue. Abaji and Meadowbrook came to an oral agreement where Abaji paid Meadowbrook $800 a month for the space. The parties agreed…
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Mechanical Engineering Expert Witness Barred From Testifying About the Duties Owed by Plumbers and Landlords
In March of 2008, serious burn injuries were sustained by a very young infant in a whirlpool bathtub in a rental property in Frederick, Maryland. One of the infant’s young siblings (who were ages 4 and 2 at the time) turned on the hot water in the tub while her mother briefly exited the room.…
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Petroleum Engineering Expert Witness’ Testimony About the Alleged Production Declines Excluded
Plaintiff Craig Yoho filed a lawsuit on behalf of himself and a putative class of mineral interest owners alleging damages from subsurface interactions between ten pairs of horizontally drilled and hydraulically fractured “parent” and “child” wells. Specifically, he alleged that the drilling and completion of a child well caused the parent well to produce less…
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Safety Expert Witness’ Knowledge and Application of ASTM Standards is Admissible
This is a maritime personal injury case. Plaintiff Elvis Lopez alleged that on August 2, 2023, he was offloading cargo from the M/V Harvey Intervention in the scope of his employment with Harvey Gulf. While unloading the cargo, he tripped on the grating of the vessel’s stairs, which he alleges was “unstable because it was…
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Neurology Expert Witness Barred from Opining on Effective Communication
Plaintiffs Jennifer Le Pape (“Mother”) and Frederic Le Pape (“Father”) (collectively, “Parents”), on behalf of their child, Alexandre Le Pape (“Alex”), and Alex, individually, (collectively, “Plaintiffs”) bring intentional discrimination claims under the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act (“Section 504”) against Defendant Lower Merion School District (the “District”), alleging…
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Psychology Expert Witness’ Opinion on Parental Gatekeeping Excluded Due to Procedural Violations
On October 25, 2024, Petitioner Prasanna Sankaranarayanan filed a petition seeking the return of the parties’ minor son, S.A., to his habitual residence. The petition claims that Respondent Dhivya Sashidhar unlawfully took S.A. from Singapore to the United States on October 14, 2024. On November 1, 2024, Sashidhar was served with the summons and complaint…
