Category: Expert Challenges
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Employee Benefits Expert Allowed to Opine on Benchmarks
Sentara Health (“Sentara”) sponsored the Sentara Health 403(b) Plan (“Plan”) – a defined contribution retirement plan for its employees at its non-profit entities. Like virtually all such plans, it offered an array of investment options from which its employees can choose to invest a portion of their salary and company matching contributions. The Sentara Healthcare…
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Law Enforcement Expert Not Allowed to Opine on Training And Supervision
Plaintiff Fernando Villanueva-Galvez claimed that Officer Eliseo Anaya’s use of a police canine to locate and arrest him constituted excessive force in violation of the Fourth Amendment. Villanueva-Galvez proposed to present Ernest Burwell‘s testimony regarding police canine practices. Defendants did not challenge Burwell’s qualifications. Nor did the Defendants seek to preclude Burwell from testifying entirely.…
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Human Factors Expert Allowed to Opine on Foreseeable Behavior
This is a strict products liability and negligence case against Adams, the manufacturer of a plastic Adirondack chair that failed and rendered Ronald Scanlan a quadriplegic. The Defendant filed motions to exclude opinions of three of the Plaintiff’s expert witnesses: Russell Dunn, Clifford Tribus and Joellen Gill. The Plaintiff filed a motion to exclude opinions of the Defendant‘s expert…
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Neurology Expert Was Not Allowed to Opine on Credibility of Other Witnesses
This civil action arises from a motor vehicle accident involving Plaintiff Sarah Kollman on February 20, 2019. The other driver, Taylor Bonello, was at-fault for the collision, which Plaintiff alleged caused her physical injuries. At the time of the collision, Bonello was insured for liability with Progressive Insurance company for $100,000.000. Plaintiff had an underinsured…
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Mechanical Engineering Expert Not Allowed to Opine on Zippers
Plaintiff Amcor Flexibles North America, Inc. (Amcor) brought this action against Defendant Reynolds Packaging, LLC (Reynolds), asserting claims for negligence, indemnification, and breach of warranty arising out of Amcor’s purchase from Reynolds of allegedly defective zippered, food-storage pouches. Reynolds sued the Third-Party Defendant Reynolds Presto Products, Inc. (Presto), the manufacturer of the zipper component used…
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Architecture Expert Was Not Allowed to Opine on Toilet Seats
Plaintiff Tony Joyner alleged that on January 19, 2024, he went to a Walmart store located at 8730 Liberty Road, Randallstown, Maryland. While Joyner “was in the process of utilizing the customer restroom facilities . . . the toilet seat disconnected from the toilet bowl, causing him to fall from the toilet, hit his head,…
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Law Enforcement Expert Was Not Allowed to Opine on the Officers’ Intent
This case arises from officers’ alleged excessive use of force during an investigation of a 911 call regarding Plaintiff Henry Barnhill (“Barnhill”). Defendants City of Hemet, Brett Maynard, Joshua Bishop, Pedro Aguila, Douglas Klinzing, Jamie Gonzalez, and Catherine Tipton (collectively, “Defendants”) filed two motions (1) to exclude certain opinion and testimony of expert Dr. Ryan…
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Law Enforcement Expert Allowed to Opine on Civilian Participation
This action arises out of the execution of search warrants on three properties owned by one or more of the Plaintiffs, John Andros and his wife, Julie Andros (together the “Androses”), Kings Parkway, LLC d/b/a 67 Motors (“67 Motors”), and Ideal Transport, LLC. The locations searched were the Androses’ home located at 172 Primrose Lane,…
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Nutrition Expert Not Allowed to Opine on FTC Compliance
This putative class action involves claims that a manufacturer falsely marketed its pediatric nutrition beverage as helping children grow taller. Joanne Noriega sued Abbott Laboratories (“Abbott”), claiming that the packaging and marketing of its beverage, PediaSure Grow & Gain (“PediaSure”), has thus misled consumers. Noriega claimed that she purchased PediaSure for her grandson based on…
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Public Health Expert Not Allowed to Opine on N95 Respirators
Plaintiff Shonna Hunter brought a religious discrimination claim against her former employer Defendant PeaceHealth. Plaintiff offered the expert testimony of Dr. Michael J. Mina, MD, Ph.D., who opined that PeaceHealth could have accommodated Plaintiff with N95 respirator and “regular testing” in lieu of vaccination. PeaceHealth filed a motion to strike Mina’s testimony as irrelevant and…
