Category: Expert Challenges
-
Management Consulting Expert Witness’ Opinions on Market Valuation of a Trademark Excluded
This is a case under New York’s Debtor & Creditor law to set aside a February 2019 transfer of the “Halston” and “Halston Heritage” trademarks to Defendants. Comfortex, a garment manufacturer based in Hong Kong alleged that Xcel had used its domination over House of Halston (“HOH”) and its wholly owned subsidiaries (defined below as…
-
Testimony of Mechanical Engineering Expert Witnesses Held to be Based on Thorough Review and Adequate Testing of the Product
Plaintiff India Smith (“Plaintiff”) filed this product liability lawsuit against Tabletops Unlimited, Inc. d/b/a TTU’s (“TTU”) on August 1, 2022. Plaintiff sought to recover damages from an August 24, 2020 incident in which she sustained burns on her chest, upper abdomen, and legs after her Pressure Cooker ejected hot contents on her when she tried to open…
-
Product Defect Expert Witness’ Testimony Regarding Vehicle and Equipment Recalls Limited
Plaintiffs, Kevin and Vivian Hoog sought monetary damages following a fire, which they linked to a defective NDR 1292 gas absorption refrigerator (the “Refrigerator”) manufactured by Dometic. The Plaintiffs had the Refrigerator installed as original equipment in Plaintiffs’ 2007 RV, which Plaintiffs purchased from a private party around October 26, 2011. Dometic initiated recalls of select…
-
Corporate Law Expert Witness’ Opinions on Ordinary Corporate Behavior Excluded
Plaintiffs, ECB USA, Inc. and Atlantic Ventures Corp. accused Savencia and Zausner, together with other persons and entities, of commiting a series of tortious acts, including, but not limited to, looting the assets of Schratter Foods Incorporated (“Schratter”), then fraudulently inducing Plaintiffs into executing an agreement to purchase all of Schratter’s shares (the “Stock Purchase…
-
Film and Movie Production Expert Witness’ Opinion Assists Court by Clarifying Article’s Factual Elements
Plaintiffs Shosh Yonay and Yuval Yonay (collectively “Plaintiffs”) are the widow and son of Ehud Yonay (“Yonay”), the author of a magazine article “Top Guns” (the “Article”) published in California Magazine on April 21, 1983. The Article is an account of the experiences of F-14 pilots and radio intercept officers as they undergo training at…
-
Premises Liability Expert Witness’ Testimony Limited due to being based on Observable Contents
In May 2021, Plaintiff Drew Krantz visited Adrien Crastes’ apartment at Lewisburg in Pennsylvania. The Defendant, Market Street Investment Corporation, Inc owned the premises. Krantz and others decided to install a window air conditioning unit in Crastes’ window. But when Krantz tried to open the window, the windowpane broke and fell on his wrist, causing the injury…
-
Legal Assertions made by Aviation Expert Witness Rejected Despite his Experience as a Pilot
On June 24, 2023, at approximately 3:08 PM, Colter Bay Rangers were notified “of an illegally landed helicopter at the base of Moran Creek in Moran Bay.” According to the probable cause statement, Rangers G’Sell and Cardenas responded and found “a Eurocopter Helicopter (N708SD) . . . [with] two individuals outside the helicopter.” After contacting…
-
Veterinary Expert Witness’ Testimony about Equine Cloning and its Role in the Polo Industry Admitted
This case concerned the unauthorized creation and sale of clones of Plaintiff La Dolfina S.A., LLC and Adolfo Cambiaso’s most important asset: their best and most famous horse, Dolfina Cuartetera (“Cuartetera”). This horse represented the development and foundation of Plaintiffs’ most competitive polo bloodlines and champion horses. Defendant D. Alan Meeker (“Meeker”), Crestview Farm, LLC…
-
Wind Speed Opinions of Forensic Engineering Expert Witness Admitted
This case involves an insurance claim regarding a damaged roof on the Minden residence. Plaintiffs, Michael and Theresa Minden (“Plaintiffs”), purchased a newly-constructed home in 2003 in Nevada. Allstate’s policy of insurance insured the property. In September 2019, a wind event occurred resulting in damage to the roof of Plaintiffs’ home but Plaintiffs waited until…
-
Biomechanical Engineering Expert Witness fails to provide a “scientific connection” to the issue at bar
On February 7, 2020, Mauricio Gonzalez-Lopez, who was then a 37-year-old employee of V-coin, Inc. (“V-com”), was at V-corn’s warehouse unloading a tractor-trailer owned by Perfect Trading, Inc. (“Perfect Trading”) and operated by its driver, Ding Yi (“Yi”). Defendants Perfect Trading and Yi (“Defendants”) maintained that Yi remained in his truck throughout the entire unloading…
