Category: Expert Challenges
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Firearms Expert’s Testimony Excluded Because of His Limited Experience with Machineguns
Defendant Chase Farmer was charged and convicted of multiple firearms offenses in a trial spanning April 29, 2025, to May 6, 2025. Specifically, Defendant was charged with importing, possessing, transporting, and failing to keep proper records for drop-in auto sears (“DIAS”) and Glock switches from Russia, which are machinegun conversion devices regulated as machineguns under…
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Mortgage Expert Allowed to Testify Despite Not Updating the Earnings Model
The lawsuit concerns whether “Freddie Mac concealed its overextension in the nontraditional mortgage market—generally composed of instruments known as subprime mortgages or low credit and high risk instruments—and its materially deficient underwriting, risk management and fraud detection practices through misstatements and omissions to investors.” Plaintiff Ohio Public Employees Retirement System (“OPERS”) retained Howard Shapiro as…
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Intellectual Property Expert’s Opinion on Settlement Licenses Excluded
Plaintiffs’ claim for breach of contract is based on a 2001 licensing agreement (“the 2001 License” or “the License”) between Plaintiffs and Defendant Extreme Networks, Inc. (“Extreme”). Plaintiffs retained Mark Chandler to issue an opinion about “agreements and negotiations related to the licensing, development and commercial use of software, copyrights, and other intellectual property.” According…
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Leasing Experts Are Not Allowed to Define Industry Standards
This case is a landlord/tenant dispute regarding a lease agreement between Plaintiff/landlord Trustees Main/270 and Defendants/tenants ApplianceSmart, Inc., and JANONE, Inc. The claims arise from Defendant ApplianceSmart’s failure to pay pursuant to a lease agreement, and Defendant JANONE’s obligations as guarantor under the lease. Plaintiff filed a motion in limine related to two witnesses Defendants…
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Appraisal and Valuation Expert is Qualified to Testify about the Value of the Porsche
Joseph Falasco bought a non-functioning 1974 Porsche 911S for $10,000 and put a significant amount of time and money into restoring it, including the installation of a new engine and transmission. Falasco later filed a claim regarding the non-collision fire that destroyed Plaintiff’s 1974 Porsche 911S (the “1974 Porsche”) and ended up suing USAA for…
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Legal Ethics Expert Barred From Opining on the Reasonableness of the Plaintiff’s Actions
Plaintiff law firm filed a Complaint on March 2, 2023, asserting a single count of promissory estoppel against Defendant limited liability company for unpaid legal fees and costs (plus interest). Plaintiff said that the unpaid legal expenses were incurred during Plaintiff’s representation of Defendant’s consultant, Luciana Soledade Rock (“Rock”), in a state-court civil fraud action, James Correia…
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Intellectual Property Expert Witness’ Untimely Affirmative Opinions Excluded
X Social Media LLC (“X Social Media”) and X Corp. both use the letter “X” in association with closely related advertising services. Put simply, X Corp. is a social media company that offers tools and services for advertising and generates the majority of its revenue from ads. X Social Media is an advertising agency that…
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Accounting Expert’s Opinion Concerning Labor Costs Excluded
This case arises out of Delta’s delayed donut wrapping system. In late 2021, Bon Appetit Danish, Inc. and Bon Appetit Specialty Snacks, LLC (collectively, “Bon Appetit”) and Delta Systems and Automation, LLC’s (“Delta”) entered into a set of three contracts for Delta to manufacture packaging systems for Bon Appetit’s baked goods. But the donut packaging…
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Marine Safety Expert Impermissibly Ventured into the Field of Biomechanical Engineering
This negligence suit under the Longshore and Harbor Workers’ Compensation Act arises out of an incident on the Defendants’ vessel, the M/V Ocean Belt (the “Vessel”). On January 29, 2021, in his capacity as a ship superintendent employed by non-party Cooper Consolidated, LLC (“Cooper”), Joseph Trigleth was overseeing cargo operations on the Vessel, which required him…
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Urology Expert’s Opinion on Reusing Single-Use Catheters Admitted
Plaintiffs are the wheelchair-bound current or former inmates of the New York State Department of Corrections and Community Supervision (“DOCCS”) who must self-catheterize themselves multiple times per day in order to urinate. Plaintiffs claimed that they experienced violation of their federal civil rights, and discrimination on the basis of their disabilities. Urologist Ezekiel Young, M.D.,…
