Category: Expert Challenges
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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…
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Podiatry Expert Witness’ Opinions as to the Defendant’s Conduct Admitted
Plaintiff Eric L. Hamilton, an inmate in the custody of the Illinois Department of Corrections (“IDOC”), filed this lawsuit pursuant to 42 U.S.C. §1983 against Defendants Dr. Mohammed Siddiqui, Dr. Stephen Ritz, Mary Jo Zimmer, and Wexford Health Sources, Inc. (“Wexford Defendants”), claiming his constitutional rights were violated while he was incarcerated at Menard Correctional Center. Specifically,…
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Testimony of Life Care Planning Expert Witness Admitted Despite Claims of Rule 26 Deficiencies
The first-party lawsuit originated from a collision involving multiple vehicles on May 2, 2017. Plaintiffs Steve Watkins (“Mr. Watkins”) and Lisa Watkins (“Ms. Watkins”) were traveling in a vehicle in Harris County, Texas, when they were struck from behind and pushed into the vehicle in front of them. They were in the process of taking…
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Testimony of Music Engineering Expert Witness held to be based on Adequate Testing of Accused Products
This case was a patent dispute about electronic drum kits. The patents at issue involved technology that allowed electronic drums and cymbals to mimic the material and sensation of the drums and cymbals on an acoustic drum kit. The Plaintiff, inMusic Brands, Inc. (“inMusic”), sued the Defendant, Roland Corporation (“Roland”), alleging infringement of three of…
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Testimony of Firearms Expert Witness Emphasizing on Manufacturing Mistake Excluded
This product liability lawsuit involves Plaintiff’s use of a single-shot Thompson/Center Encore Pro Hunter rifle with a barrel chambered in .460 S&W caliber. Plaintiff had purchased and installed this new barrel in 2017, and he proceeded to use the rifle without incident for the next four years, firing it on at least thirty separate occasions…
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Fire Investigation Expert Witness Deemed Unqualified to Opine on Candle Design
On October 15, 2015, the Plaintiff ignited a brand new Bath & Body Works 3-wick candle and left it burning on her kitchen counter while she put her son to bed. Within 30 minutes, she asserted that the entire liquid wax pool inside the candle jar caught fire, resulting in a phenomenon known as a…
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Insurance Expert Witness Barred from Testifying as to which Party is at Fault
This case involves an accumulator universal life insurance policy purchased by Dr. Herbert Wiegand in 2000 when he was 82 years old. The insured was his second wife, Jean Wiegand (nee Walters), who was 80 years old at the time. The policy had a face value (death benefit) of $1.4 million and a maturity date…
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Economics Expert Witness’ Analysis of Job Opportunities Available to Plaintiff Excluded
Daniel J. Csaszar is a physician who worked at an urgent care facility run by Defendant Monarch Medical, LLC beginning in 2015, working one shift per week. In 2019, he moved to two shifts per week. Defendants terminated Csaszar on March 9, 2022, and Csaszar began new employment as a physician on October 17, 2022…
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Insurance Expert Witness’ Testimony on Legal Parameters for Bad Faith Excluded
This case arises out of a dispute over three separate, consecutive, nonrenewable Short Term Medical (“STM”) insurance plans underwritten by Defendant American Financial Security Life Insurance Company (“AFSLIC” or “American”). The type of STM insurance (also referred to as “short term limited duration insurance” or “STLDI”) at issue here is relatively new, first being authorized…
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Pediatrics Expert Witness Testimony Limited Despite Thorough Medical Literature Review
Gerber Products Company sells several infant formula products. This case concerns Gerber Good Start Gentle (sometimes referred to below as “GSG”). Unlike most other infant formulas, which are made with “intact” cow’s milk protein, GSG uses cow’s milk protein that has been partially broken down (the technical term is “100% Whey-Protein Partially Hydrolyzed”). Good Start Gentle…
