Category: Expert Challenges
-
James E. Lewis, Transportation Safety Expert Witness Stands Vindicated; Judge Confirms Exclusion was Procedural and Unfortunate
James E. Lewis, a seasoned transportation safety expert, faced an unfortunate twist in his professional journey. Despite his extensive experience and deep insight into the trucking industry, he found himself disqualified from providing testimony in a significant personal injury case—not due to his lack of expertise, but because of an unnoticed procedural misstep. In the…
-
Neonatology Expert Witness is Not Qualified to Provide Opinions Regarding the Standard of Care for Obstetrics
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for…
-
Fire Investigation Expert Witness’ Legal Conclusions About the Parties’ Responsibilities under Contracts Excluded
On the evening of July 30, 2022, lightning struck WareHouse’s property at 121 Industrial Park Drive causing a fire at the warehouse. Shilla Industrial Co., Ltd. (“Plaintiff”) is a South Korean corporation that manufactures automobile parts and maintains suppliers in Mississippi and other southern states. Shilla alleges “approximately $5,000,000.00 worth of business property” was stored at…
-
Chiropractic Expert Witness is Not Qualified to Speak to the Correctness of an EMC Diagnosis
This matter involves the Plaintiff insurers’ claim that Defendants unlawfully billed for medically unnecessary and illusory services, misrepresented the nature and extent of the services, and operated in violation of various laws specific to the healthcare and/or insurance sector. According to the Plaintiff, Titan Defendants agreed to refer patients to the Stein Defendants in exchange…
-
Neuropsychology Expert Witness Fails to Provide Any Basis for His Opinion On the Costs of Healthcare
In May 2023, Joy and Brian Parnes filed this lawsuit against the Orange County School Board for disability discrimination and retaliation related to the education of their minor daughter, S.P. Pursuant to Rule 702, the Parneses seek to introduce the opinion testimony of Timothy Conway, Ph.D. in support of their theory that S.P. requires accommodations…
-
Data Analytics Expert Witness’ Testimony Admitted despite his use of a More Conservative Methodology
This matter is a False Claims Act case wherein the Relators alleged that Defendant pharmacies submitted false or fraudulent claims to obtain federal funds from Government Healthcare Programs to which Defendants were not entitled. The Relators alleged this occurred through the electronic submission of inflated usual and customary charges to Government Healthcare Programs because Defendants…
-
Lucy Letby Objected to the Prosecution’s Lead Expert’s Testimony Regarding the Collapse of Each Baby
Between 2015 and 2016, Lucy Letby harmed babies in her care with the intention of killing them. The means of harm varied: causing air embolus by introducing air via intravenous lines; forcing air into the abdomen via nasogastric tubes; force feeding milk; poisoning by administering insulin; physical trauma. She alone was present on the unit…
-
Toxicology Expert Witness Deemed Qualified to Opine on Risk Assessments
This case involves a dispute concerning the contamination of the drinking water in Hoosick Falls, New York by perfluorooctanoic acid, a chemical commonly referred to as PFOA. Following multiple settlement agreements with certain Defendants, DuPont is the only remaining Defendant. Plaintiffs alleged that DuPont is liable for producing the PFOA that ultimately contaminated the water…
-
Forensic Psychiatry Expert Witness’ Report on Plaintiff’s Mental Health Admitted
On a foggy night in November 2015, Plaintiff Kedron Gaston, a minor at the time, was heavily injured in a car accident. The car, driven by her aunt, collided with the back of a semi-truck, resulting in her aunt’s death. The Plaintiff’s mother, seated in the front passenger position, suffered severe injuries that made her…
-
Late Service of Psychology Expert Witness’ Report Might Cause Severe Prejudice
Plaintiff, Rudolph Mills filed this action against Defendant, Steuben Foods, Inc., alleging employment discrimination based on race after numerous complaints about shocking and wildly inappropriate racial slurs used against him by supervisors and managers. Defendants moved, pursuant to Fed.R.Civ.P. 16(f)(1)(C), 26(a)(2)(A), (D), 37(c)(1)(C), for an order striking the expert report of Mark D. Lerner, PhD.…
