Category: Expert Challenges
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Radiology Expert Barred From Providing Testimony Related to Biomechanics
This automotive product liability case arises from a rear-end collision involving a 2020 Honda Odyssey (“subject vehicle”) that resulted in serious injuries to Plaintiff James Assey. On June 16, 2021, Plaintiffs James and Joan Assey were traveling in the subject vehicle on Interstate 26 near Columbia, South Carolina, at approximately 55 miles per hour when…
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Mechanical Engineering Expert’s Testimony on Unicender Design Shortcomings Excluded
Plaintiff George Land (“Land”) initiated a lawsuit against Rock Exotica, LLC, following a catastrophic fall while using the Unicender, a climbing device manufactured by the company. Land, an experienced arborist with two decades of experience, contended that the Unicender was defectively designed, which led to his accident. He alleged that during his ascent using the…
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Sociology Expert is not Qualified to Offer opinions on the Propriety of an Appraisal
Plaintiffs Nathan Connolly and the Estate of Shani Mott (collectively “Plaintiffs”) alleged that Defendants Shane Lanham and 20/20 Valuations, LLC (collectively “Defendants”) racially discriminated while performing an appraisal of Plaintiffs’ home. Defendants have counter-sued for defamation. Each party has offered an expert to provide testimony regarding the propriety of Defendants’ appraisal of Plaintiffs’ home. Plaintiffs…
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Engineering Expert’s Opinion on Cost Estimates Admitted
The Great Lakes Insurance Company issued a policy of insurance (the “Policy”) to Gulf Coast Bank and Trust (“Gulf Coast”) covering specific buildings owned by BRH Consultants, specifically, the Burbank Landing Apartments. Subsequently, BRH alleged that on August 29, 2021, Hurricane Ida caused damage to Buildings 1 and 2 of the property. Following this event,…
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Court Limits Psychiatry Expert’s Testimony, Citing Reliability Concerns
Kevin Brent Buchanan had been charged with making threatening interstate communications. Specifically, the charges stemmed from five voicemails he allegedly left. The Government alleged that Buchanan recorded these voicemails from Utah. These voicemails, sent in late October 2023, targeted an organization that was headquartered in the District of Columbia. To defend himself, Buchanan designated Dr.…
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Electrical Engineering Expert’s Testimony Addressing the Coverage Gap Admitted
Puerto Rico Telephone Company (“Plaintiff” or “Claro”) brought this suit against the Municipality of Aguada, Hon. Christian Cortés-Feliciano, in his capacity as Mayor of the Municipality of Aguada, and Wesley Vega, in his capacity as Planning Director of the Municipality of Aguada (“Defendants” or “the Municipality”), for alleged violations of Federal Telecommunications Act of 1996…
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Maritime Expert’s Opinion on the Preferred Engine Manufacturer is Based on Hearsay Statements
This case concerns naval architecture, marine engineering, and a motor vessel called the “Pickle” or the “Pickle Rick.” Plaintiffs Intrepid Oceans Marine, LLC (“IOM”), Intracoastal Marine Fuel, LLC (“IMF”), and Intrepid Tankers, LLC (“IT”) (collectively, “Plaintiffs”) are retailers of marine petroleum in Palm Beach County, Florida. Defendant JMS Naval Architects, LLC (“Defendant”) is a licensed…
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Safety Engineering Expert Allowed to Opine on Codes and Industry Standards
On January 22, 2022, Sharon Marshall was dining at an Outback Steakhouse in Fort Smith, Arkansas, when she slipped, fell, and received serious injuries. She alleged that she slipped on soup that had spilled in the floor which Outback had negligently failed to clean up. Outback has filed motions to exclude or limit the testimony…
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Psychiatry Expert’s Testimony Rejected for Injecting Subjective Characterizations
On September 3, 2020, Plaintiffs Dalila Yeend and Bounnam Phimasone (together with Elvin Minaya Rodriguez, Lisa LaPointe, and Shantadewie Rhamee, “Plaintiffs”) commenced this action against Akima Global Services, LLC a/k/a AGS (“AGS” or “Defendant”) in New York State Supreme Court, asserting state law claims pertaining to their civil immigration detention at the Buffalo Federal Detention…
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Law Enforcement Expert’s Opinion on Actual Events and Police Tactics Admitted
Plaintiff Gene Raymond Bell, Jr. claimed that Defendant Officers Anthonie Korkis, Arthur Bridgeforth, and Thomas Langewicz, II used excessive force while arresting him during a traffic stop on June 23, 2019 in Southfield, Michigan. Plaintiff’s second motion in limine requested the Court to exclude or limit the testimony of Dr. Steven Amey, whom Defendants intended…
