Category: Expert Challenges
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Terrorism Expert Witness Reliably Testifies about the Defendant’s Motive for Committing his Attack
Defendant Sayfullo Habibullaevic Saipov has been charged in a twenty-eight count indictment with, among other offenses, eight counts of murder in aid of racketeering and eighteen counts of attempted murder, arising out of an attack in New York City on October 31, 2017, in which Defendant Saipov-purportedly acting on behalf of the Islamic State of…
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Radiology Expert Witness Barred From Testifying for Failing to Provide the Court With a Report
Plaintiff, Wendy Marie Henshaw alleged that she slipped and fell on a liquid substance on Defendant Wal-Mart’s premises on October 28, 2021. Henshaw filed a motion to strike Defendant’s expert witness Dr. Marc Fredric Glickstein. Henshaw noted that Defendant timely served its expert witness disclosure and listed Glickstein as an expert in diagnostic radiology; however,…
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Business Valuation Expert Witness’ Opinion as to the Gross Profit Margin of a Resale Transaction Admitted
In March 2021, United States Department of Health and Human Services (“DHHS”) awarded Airboss Defense Group (“ADG”) a contract to supply 18,200,000 boxes of nitrile gloves by March 15, 2022. Under the contract, the government would pay ADG $12.98 per box of gloves and transportation costs of $2.85 per box. The total contract price was $288,106,000. …
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Land Use Expert Witness’ Testimony Regarding General Land Use and Development Industry Standards Rejected
This federal diversity action arises out of a commercial lease agreement for a three-story building located at 2555 Park Boulevard in the City of Palo Alto, California (“City”). Plaintiff KJ-Park, LLC (“KJ-Park”) retained Erik Schoennauer, a land use consultant, to testify about land use entitlement and permitting procedures relating to the subject property. Defendants Match…
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Consumer Product Safety Expert Witness’ Testimony About the Availability of Pop-up Warning Technology Excluded
On June 20, 2015 at approximately 1:00 am, Thomas Power was using the Elitebook while at a 24-hour gym with the computer balanced directly on his lap. After using the computer for approximately 20-60 minutes, the laptop exploded into flame, burning Power’s legs. He sustained serious injuries, including burns requiring a skin graft, hydrotherapy, catheterization, and intravenous…
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Obstetrics and Gynecology Expert Witness Barred from Testifying About Plaintiff’s Expressed Desire for Cesarean Delivery
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…
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Human Resources Expert Witness’ Testimony About Retaliation Excluded
Carol Stepien is a former employee of the National Oceanic and Atmospheric Administration (“NOAA”) in Seattle. She worked at the Pacific Marine Environmental Laboratory (“PMEL”), a lab within NOAA, an agency in the Department of Commerce. She contended that NOAA had discriminated against her based on her sex and age, subjected her to a hostile…
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Obstetrics and Gynecology Expert Witness’ Opinions Admitted Because they Pertain to the Issue of Medical Standard of Care
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…
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Trucking Expert Witness’ Testimony About Negligent Training Excluded
This action arises out of a motor vehicle accident between an automobile driven by Philnelius Snow and a tractor-trailer owned and operated by Charles Bailey Trucking (“CBT”)and driven by its employee, Travis Hickey. Plaintiff alleged two causes of action against CBT: 1) respondeat superior for the negligence of its employee, and 2) direct claims of negligence against…
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Human Factors Engineering Expert Witness’ Testimony About Gun Design Excluded
Plaintiff Ashley Catatao, an officer with the Somerville Police Department, was injured when her Sig Sauer P320 duty pistol fired in its holster without her pulling its trigger. She sued the gun’s manufacturer, Defendant Sig Sauer, Inc., alleging it designed the P320 defectively and the defect caused her injuries. Catatao submitted a report from William…
