Category: Expert Challenges
-
Beauty Industry Expert Was Allowed to Opine on Skinnification
Plaintiff Vicious Brands, Inc., doing business as Saints & Sinners, brought this action against Defendants Face Co., LLC, Skin Saint, LLC, and Holly Cutler, alleging that Defendants infringed Plaintiff’s trademark and falsely advertised Defendants’ skincare products. Plaintiff relied in part on an expert declaration of Karen Young, a beauty industry consultant. Defendants challenged the declaration…
-
Economics Expert’s Testimony on Lost Productivity Excluded
This case involves alleged damage to a plasma cutter that was to be used for a welding business. Plaintiff Giger Welding and Fabrication, LLC (“Giger”), purchased a plasma cutter from an auction in Texas to assist with its welding business in Missouri. To get the plasma cutter to Missouri, Giger contracted with Defendants DFW Movers…
-
Radiation Oncology Expert’s “State of the Art” Opinions Admitted
In this litigation, Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner (collectively, “Plaintiffs”) alleged that Decedent Michael P. Dandry, Jr. (“Decedent”), while an employee for Defendant Huntington Ingalls Incorporated (“Avondale”), was exposed to asbestos and asbestos-containing products manufactured, distributed, sold, and/or handled by Avondale and other parties. Avondale filed a Dabuert motion to exclude certain…
-
Data Science Expert Was Not Allowed to Opine on Uncompensated Hours
Plaintiffs Keith Fischer, Michael O’Sullivan, John Moeser, Louis Pia, Thomas Barden, Constance Mangan, and Charise Jones, (collectively “Plaintiffs”), sought class action certification for their claims against Government Employees Insurance Company (“GEICO”) for failing to pay overtime wages in violation of the New York Labor Law (“NYLL”). Plaintiffs and the Class Members are current and former…
-
Narcotics Expert Was Not Allowed to Opine on the Practice of “Cutting” Drugs
On April 22, 2023, Maxfer Palma was arrested with a man named Keith Tyler-Parker. Tyler-Parker was holding a backpack and satchel that contained drugs, including methamphetamine and fentanyl, drug paraphernalia, and a gun. He made statements to police that supposedly connected Palma to the bags. The government intended to call Special Agent Hakeem Oduniyi to…
-
Musicology Expert’s Testimony on Creative Correspondence Excluded
From approximately January 1995 through 1997, Plaintiff Robert Wheeler was in the band “Throwin Stones.” In January 1995, Throwin Stones recorded the songs for its only studio album. One of those songs was called Coffee. He alleged that John Mellencamp’s song Key West Intermezzo (I Saw You First) (“Key West”) copied the song Coffee. Plaintiff…
-
Product Design Expert Was Allowed to Opine on Athletic Bags
Rebel, a cheerleading apparel brand based in Texas, sells, among other products, a backpack called the “Rebel Dream Bag.” Plaintiff holds a trademark in the Dream Bag’s “two-dimensional hourglass shaped enclosed curved figure double outline design, with an outlined straight rectangular shaped top line and an outlined curved three-fourth rectangular shaped line underneath, both inside…
-
Packaging Expert’s Testimony on Storage of Non-Vintage Wines Excluded
Plaintiff April McElroy (“McElroy” or “Plaintiff”) was injured while attempting to open a bottle Mumm Napa Valley Brut Rose, a sparkling wine. The bottle broke causing lacerations to her left hand. McElroy has filed claims for her injuries against Defendants Pernod Ricard USA, Inc. (“Pernod”), Southern Glazer’s Wine and Spirits LLC, (“Glazer”) and Garfield Beach…
-
Architecture Expert Was Not Allowed to Opine on the Mechanism of Injury
On the morning of November 21, 2023, Plaintiff Marie Iddriss (“Plaintiff”) fell down a flight of stairs in a building located at 123 West 20th Street in Manhattan after she exited the elevator on the second floor. Hong Diep Realty Incorporated (“Hong Diep”) was the landlord of the building with contractual responsibility for repairs in…
-
Economics Expert Was Allowed to Opine on Kidney Transplant Allocations
Plaintiff Anthony Randall (“Randall”) is an individual residing in Los Angeles, California. Randall identifies as Black. As of the time of the filing of his complaint, he was on the waiting list for a kidney transplant. Defendant United Network for Organ Sharing (“UNOS”) is a private nonprofit organization that manages the national organ transplant waiting…
