Category: Expert Challenges
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Testimony of Industrial Hygiene Expert Witness Admitted Despite her Alleged Lack of Firsthand Knowledge
A district judge in California admitted the testimony of an industrial hygienist despite the legitimacy of her method being attacked. Plaintiffs, former employees of Defendant, Bay Area Rapid Transit District (“BART”) brought First Amendment, Title VII, and FEHA claims against BART after losing their jobs due to their refusal to comply with BART’s COVID-19 vaccine mandate. …
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Court refuses to exclude expert testimony on the application of local zoning regulations
In 2014, Plaintiffs asked Defendant to rezone a parcel of land from Agricultural (“AG-2”) to Community Facilities Planned Development (“CFPD”). They needed the rezoning to build a 72-bed residential substance abuse treatment center and detoxification facility. Plaintiffs were initially successful. Defendant’s staff and hearing examiner recommended rezoning because the facility was compatible with the surrounding…
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Retirement Plan Expert Witness’ Recordkeeping Fees Calculation Rejected
A district judge in Pennsylvania refused to admit the Retirement Plan Expert’s opinions on “excessive” recordkeeping fees being charged. Plaintiff, John McCauley accused PNC Financial Services Group and a Committee appointed to oversee the administration of PNC’s 401(k) Plan of breaching their fiduciary duties under ERISA by allowing the Plan to pay “excessive” fees to…
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Appliances Expert Witness’ Testimony Fails to Establish the Manufacturing Defect Claim
Roger and Reuki Schutt (the “Schutts”) are the owners of a house located at Canton, Massachusetts. On April 24, 2019, the house sustained water damage resulting in the payment of insurance benefits by Safety to the Schutts. The water damage was determined to have originated from a leak in a water filter system manufactured and sold…
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Medical Expert Witnesses’ Testimony about Plaintiff’s Damages and Personal Injuries Limited
This lawsuit arises from a minor automobile accident that occurred at approximately 1:30 p.m. on October 9, 2020, in Española, New Mexico. Plaintiff Charles Hartung (“Plaintiff”) was a passenger in a four-door GMC pickup operated by his friend Ralph Andrew, Sr. Plaintiff. Gommert, a salesman employed by McLane, entered the road from an adjacent gas…
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Psychology Expert Witness’ Testimony about Facilitated Communication Lacks Sufficient Evidentiary Grounding
A district judge in Virginia refused to admit the testimony of a psychology expert even though he provided the Court with multiple experimental means to test the validity of the communications in question. Plaintiff, Kevin Plantan filed a lawsuit arising from his belief that he was wrongfully accused of sexually molesting his minor daughter S.P.,…
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Correctional Healthcare Expert Witness’ Testimony on the Risks of MOUD in Correctional Settings Excluded
A district judge in West Virginia barred the Correctional Healthcare Expert from opining that there was no evidence of medical malpractice, deliberate indifference, discrimination, or negligence. Joseph Taylor has struggled with opioid addiction for nearly half his life. He is diagnosed with Opioid Use Disorder (“OUD”) and is treating this chronic brain disease with Medications…
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Security Expert Witness’ Opinions Admitted because of its Strong Factual Basis
A district judge in New Jersey admitted the testimony of the security expert despite the opposing party contending that it was based on his own personal, subjective beliefs. The present case arises out of Plaintiff, Ebony Thames’ fall from the roof of Bally’s Wild West Casino in Atlantic City, New Jersey. On April 6, 2019,…
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Judge Declares Law Banning Transition Care Unconstitutional
More often than not, public school employees call students by the pronouns matching the gender on their birth certificate, no matter the child’s preference and it is a misdemeanor to use restrooms in public buildings that do not correspondent to the person’s gender at birth. If lawmakers advance bills that mandate the same, how do…
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Testimony of Audio Engineering Expert Witness Admitted Despite Being Based on Assumptions
This case arises out of the shooting of Plaintiff Jake L. Sheeler (“Plaintiff”) on September 25, 2020 by officers of the Pocatello Police Department. Plaintiff Jake Sheeler was on the run from the police at the time that he was shot. He stole a Taurus Judge (a .45 caliber handgun) from a resident of Pocatello,…
