Category: Expert Challenges
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Court Refuses to Exclude Meteorology Expert Witness’ Conclusion about Wind Damage
A district judge in Nevada admitted the testimony of an expert meteorologist despite lack of certain tests or calculations. In 2003, the Mindens purchased a new high-end custom home in Henderson, Nevada, where they have resided since then. They maintained an active insurance policy over the property through Allstate. A sudden storm hit the property…
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Firearms & Ballistics Expert Witness’ Defect and Causation Opinions Excluded
A district judge in Alabama excluded the testimony of the firearms & ballistics expert because he did not offer any evidence to show any of the alleged dangerous conditions in order to support the product liability claims. Plaintiff James Andrew Scott, II filed a complaint against Remington Arms Company, LLC (“Remington”) alleging that defects in…
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Law Enforcement Expert Witness’ Report Criticizing the Actions of SPD Deemed Conclusory
A district judge in Washington refused to admit the Law Enforcement Expert Witness’ testimony with regard to the claims of outrage, negligence and assault filed against the Seattle Police Department. On May 30, 2020, organizers planned two demonstrations in downtown Seattle to protest the May 25, 2020 killing of George Floyd in Minneapolis: (1) “The…
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Testimony of Orthopedic Surgery Expert Witness Excluded due to Lack Of Evidence About His Methods
A district judge in New Mexico struck the testimony of Defendant’s orthopedic surgery expert witness Paul Saiz due to lack of a record discussing the reasoning or methodology underlying his testimony. Plaintiff’s injuries and damages in this case resulted from an automobile accident on July 11, 2021, in Grant County, New Mexico. At that time,…
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Law Enforcement Expert Witness’ Testimony on the Police Officers’ Conduct Admitted
A district judge in Louisiana admitted a law enforcement expert’s testimony summarizing police procedures. Cortez alleged that on November 21, 2019, his wife had called 911 and requested that police be dispatched so she could leave their residence without incident because Cortez was in an agitated mood. Cortez averred that an altercation had ensued after…
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Testimony by Accident Reconstruction Expert Witness Regarding Missouri Statute Violation Limited
A district judge in Missouri partly excluded the testimony of an expert accident reconstructionist retained to opine on the safety of the crossing. The case began with a train-vehicle collision near Mineral Point, Missouri, on August 19, 2019. Anthony Courtois drove a 2007 Freightliner dump truck westward toward North Oak Road’s railroad crossing. As he…
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Insurance Expert Witness’ Report on Bad Faith Deemed Inadmissible
A district judge in Texas refused to admit the insurance expert witness’ bad faith report because it failed to explain how exactly the Defendant violated the generally accepted adjusting standards. On February 17, 2021, a Texas winter storm damaged a commercial building owned by Barron. Century insured that building under a surplus lines renewal policy.…
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Financial Expert Witness’ Opinion on the Reasonableness of the Recordkeeping Fees Rejected
A district judge in Kentucky found the analysis presented by the financial expert witness limited. This class action arises under the Employee Retirement Income Security Act of 1974 (“ERISA”). On behalf of the Humana Retirement Savings Plan (the “Plan”) and its participants, Plaintiffs brought claims for (1) “Breach of Fiduciary Duty of Prudence” and (2) “Failure…
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Court refuses to exclude Pharmaceutical Expert Witness’ Opinions Regarding Breadth of Asserted Claims
A district judge in Florida refused to exclude the testimony of a pharmaceutical expert witness despite allegations of fundamental flaws in the assumptions on which her calculations are based. Defendant Aveva Drug Delivery Systems, Inc. of an Abbreviated New Drug Application (“ANDA”) No. 217221 to the U.S. Food and Drug Administration (“FDA”) sought approval to…
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Accounting Expert Witness’ Analysis of Costs and Markups Admitted
The Trade Group’s (“TTG”) is a full-service event marketing and creative design firm well known for its award-winning designs and client-centered service mentality. BTC Media, LLC (“BTCM”), a Bitcoin and blockchain media company approached TTG about managing, planning, and producing Bitcoin 2021, the world’s largest bitcoin conference held in Miami, Florida. After a successful Bitcoin…
