Category: Expert Challenges
-
Algorithmic Trading Expert’s Opinion is Irrelevant to Establishing Pretext under Title VII
Zongzong (Nicole) Tao has filed a lawsuit against her former employer, Simplex Investments, LLC, alleging discrimination based on gender and race/national origin, in violation of Title VII and the Illinois Human Rights Act. Simplex is a proprietary trading firm that employs algorithmic high frequency trading strategies to make profits from trading futures and equity options.…
-
Human Factors Expert Lacks Expertise in the Context of Officer-Involved Shooting
Essentially, this case involves a civil rights and state tort claim stemming from the fatal shooting of Mickel Lewis, Sr., by Kern County Sheriff Deputy Jason Ayala on October 2, 2020. Therefore, the central legal question is whether Deputy Ayala’s use of deadly force was justified. Consequently, the Plaintiffs have filed a motion to exclude…
-
Pricing Expert Witnesses Are Qualified to Opine on the Grading Card Industry
This case arises out of an alleged misrepresentation about whether a 2009 Steph Curry trading card (the “Curry Card”) was physically altered at the time Beckett examined and graded the card. Alt claims that Beckett negligently misrepresented the status of the card by assigning it a grade that did not reflect the alteration. Alt retained…
-
Transportation Engineering Expert May Testify Only About the Standard of Care Required of a Train Operator
On January 4, 2023, 74-year-old Bonnie Thurston, accompanied by her grandchildren, Hailey and Roger Thurston, was riding a WMATA Metrorail train to Reagan National Airport. The train halted before reaching the station platform. Without any announcement of arrival or door opening, Thurston, observing the platform, stood up without holding onto any train supports. The train…
-
Accounting Expert’s Reliance upon a Disputed Fact does not Equate to Insufficient Facts
In a recent legal battle between Mo Pow and Crypto, the spotlight has fallen sharply on expert testimony, specifically the lost profits analysis provided by Mo Pow 4’s expert, David A. Hall. This case, fundamentally about two failed digital currency mining agreements, has turned into a fascinating examination of expert witness reliability and the challenges…
-
Economics Expert’s Statistical Model Survives Daubert Challenge in NCAA Volunteer Coach Case
The NCAA is an association whose members are colleges and universities competing in intercollegiate athletics. The NCAA governs student athletic competition at its member schools. NCAA schools are divided into three divisions: Division I, Division II, and Division III. Division I schools, which are at issue in this litigation, generally “manage the largest athletic budgets…
-
Family Medicine Expert Witness’ Testimony Violates the Basic Requirement of Rule 26
On July 22, 2022, Dr. Gregory Fox, individually and as parent of C.F., and Rita Fox, individually and as parent of C.F. (jointly, the Plaintiffs), filed a lawsuit challenging the state of Maine’s public school vaccination requirements. Dr. Stephen B. Paulding, a board-certified family physician with over four decades of experience in primary care was…
-
Neuropsychology Expert’s Opinions Discrediting the Body of False Confession Research Excluded
Essentially, Fulton and Mitchell alleged that they were wrongfully convicted of murder due to fabricated witness testimony and coerced false confessions by Chicago police officers. Consequently, they filed lawsuits claiming constitutional violations. As their trial date approached, the defense sought to introduce Dr. Diana Goldstein because of her extensive background, experience, and specialized knowledge as…
-
Psychiatry Expert’s Testimony Not Fully Excluded Despite His Reliance on a Previous Edition of the DSM
In a recent Michigan case involving allegations of sexual abuse against visually impaired minors in public schools, the admissibility of expert psychiatric testimony became a focal point. Specifically, the Court grappled with challenges to Dr. Gerald Shiener‘s expertise and methodology. Plaintiffs presented Shiener, a psychiatrist, to testify on the “causation and damages” related to the…
-
Pediatrics Expert’s Opinion Regarding a Target 95% Vaccination Rate Met the Daubert Bar
On July 22, 2022, Dr. Gregory Fox, individually and as parent of C.F., and Rita Fox, individually and as parent of C.F. (jointly, the Plaintiffs), filed a lawsuit challenging the state of Maine’s public school vaccination requirements. Dr. Laura Blaisdell, a pediatrician with extensive qualifications in medicine and public health, was presented as an expert…
