Category: Expert Challenges
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Testimony of Automotive Engineering Expert Witness Limited for Lacking Evidence beyond his Subjective Opinion
This case arises out of Plaintiff Mark Riley’s claim that General Motors breached a contract and express warranty to repair his 2017 GMC Acadia vehicle (“Subject Vehicle”) in a reasonable time. The 3-year/36,000-mile limited warranty that accompanied the Subject Vehicle (“Limited Warranty”) provided for repair of covered defects occurring during the warranty period, subject to…
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Testimony of Vocational Rehabilitation Expert Witness Held to Emphasize on Relevant Factors
Defendant Amazon.com Services, Inc. (“Amazon.com”) initially hired Marcellus McMillian as a seasonal fulfillment associate and then promoted him to fulfillment associate in the make on demand department. Defendants employed him for more than a year, starting on January 11, 2017. McMillian’s back was injured in an unrelated car accident on or around August 3, 2017, and he went on…
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Securities Expert Witness’ Opinion on Defendant’s Breach of Fiduciary Duties Admitted
Plaintiffs are former Salesforce employees who participated in the Salesforce 401(k) Plan. They alleged Defendants breached their fiduciary duties to the Plan and Plan participants in violation of the Employee Retirement Income Security Act of 1974 (“ERISA”). Plaintiffs alleged the Investment Advisory Committee, Joseph Allanson, Stan Dunlap, and Joachim Wettermark (collectively, “Committee Defendants”) breached their fiduciary duty…
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Psychology Expert Witness’ Depression Diagnosis Upheld
Plaintiff Duane Anthony Beyenhof alleged that his former employer Defendant Schwan’s Consumer Brands, Inc. (“Schwan’s”) wrongfully terminated him in retaliation for reporting illegal activity at work and because of his age. Schwan’s claimed he was terminated for not wearing a seatbelt in violation of Defendant Schwan’s Consumer Brands, Inc.’s (“Schwan’s” or “Defendant”) zero tolerance Seat…
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OSHA/Workplace Safety Expert Witness’ testimony on alternate repair method admitted
This case arises from an incident at Darling’s plant in Kuna, Idaho. Darling is an animal processing company headquartered in Texas, with operations in several states including Idaho. Reymundo Cruz was employed as a maintenance worker at the Kuna plant in 2020 when he was fatally injured while repairing a machine called a “cow pusher”…
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Contracts Expert Witness Testimony Grounded in Extensive Factual Record
BAE Systems Norfolk Ship Repair Inc. received a contract from the Navy to maintain, modernize, and repair the USS Tortuga. The contract included a Heavy Weather Plan (“HWP”), which granted the Navy the authority to order work stoppage when severe weather threatened the ship. According to the HWP, costs associated with its implementation, including delays,…
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Engineering Expert Witness’ testimony on roof damage cause and extent deemed inadmissible
This is an insurance case arising out of a storm occurring on or about April 28, 2021, which allegedly caused damage to the roof of Plaintiff’s hotel located in San Antonio, Texas at 4 Piano Place, 78228. Plaintiff Nehal LLC d/b/a Quality Inn filed a claim to Defendant, Accelerant Specialty Insurance Company (“ASIC”) on or about March…
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Court Limits Accident Investigation Expert Witness’ Report on Defendant’s Liability
Plaintiff sustained injuries while waiting in the loading area to board an inflatable raft as part of the Aquazoid water slide (“Aquazoid”). It occurred on August 22, 2015, at Busch Gardens Water Country USA (“Water Country”), in Williamsburg, Virginia. Two attendants stationed at the loading area at the top of the water slide remove the…
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Rejection of Computer Software Expert Witness’ Interpretation Attempt on Contract
This is a breach of contract dispute between Paired Pay and ClearObject. Paired Pay alleged that ClearObject breached the parties’ contract because ClearObject purportedly did not provide a “dedicated” team during a particular phase of the project. Defendant filed a motion to exclude the report and testimony of Larry E. Daniel, one of Plaintiff’s testifying expert witnesses under Federal…
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Finance Expert Witness’ Art Market Analysis Admitted
Athena, a specialty lender engaged in the business of providing loans secured by high-value fine art, extended a loan to a borrower, using the 1982 painting by Jean-Michel Basquiat titled “Humidity” (the “Basquiat”) as collateral. Subsequently, on March 2, 2020, the New York County Supreme Court entered a judgment for Athena in the amount of…
