Category: Expert Challenges
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Court Limits Testimony of Non-Retained Expert in BNSF Workplace Injury Case
In November 2022, while working as a BNSF intermodal equipment operator, Taylor A. Campbell fell several feet from a railcar ledge while attempting to lock a stuck inter-box connector (IBC). No one witnessed the incident. Campbell blamed the fall on BNSF’s failure to ensure a safe working environment. Fred Reinke, a BNSF manager, had developed…
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Internal Medicine Expert’s Testimony Limited Despite His Physician Behavior Experience
Plaintiff State of Washington alleged that Novo Nordisk Inc. (“NNI”) caused physicians to prescribe its drug, NovoSeven®, to Washington hemophilia patients by: (1) promoting it “off-label” for prophylaxis and “high dose” use; (2) paying kickbacks to physicians; and (3) paying bribes to patients, all of which rendered claims to Medicare and Washington Medicaid false. The…
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Accident Reconstruction Expert’s Testimony About the Lid Locking Mechanism Admitted
This is a product liability case involving a Breville BPR600XL pressure cooker (the “Pressure Cooker”). Plaintiff, Hannah Frazier, claimed that suffered permanent injuries to her abdomen when the Pressure Cooker exploded, spraying super-heated liquid and steam across her body. The Plaintiff retained Jeffrey D. Hyatt of Specialized Testing & Forensic Laboratory to inspect and test…
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Defamation Expert’s Testimony on Economic Damages Excluded
Plaintiff Brian Menge, a former police detective with the City of Highland Park, Michigan, brought a claim against Defendant Khursheed Ash-Shafii, a Highland Park city councilman, alleging that Ash-Shafii unlawfully retaliated against him in violation of the First Amendment because of Menge’s successful settlement of a prior lawsuit against the City. The retaliation consisted of…
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Law Enforcement Expert Was Not Allowed to Opine on the Existence of Probable Cause
This matter arises from Plaintiff Gina Kuhlman’s arrest by Officers David Grasha and Samantha Haggerty of the Cleveland Division of Police, for operating a motor vehicle under the influence (“OVI”) and for refusing to submit to a drug and alcohol test. To support her case, Kuhlman offered the expert reports of Rajeve Saini and Timothy…
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Numismatics Expert’s Testimony on the Proper Classification of the Coins Admitted
This is a fraud action the Commodity Futures Trading Commission (CFTC) and thirty States (collectively, the “government”) brought against Lucas Asher and Simon Batashvili (Individual Defendants) and the entities through which they operated. This case deals with Metals.com and the precious metals it sold to consumers from approximately 2017 to 2020. Through Metals.com, TMTE, Inc.,…
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Economics Expert’s Testimony on Anti-Discounting Policies Admitted
Plaintiffs sued Amazon.com, Inc., claiming that the company violated the Sherman Act. They contended that Amazon denied customers the “benefits of lower prices and fees” that would arise in a competitive market; and they said Amazon did so by imposing on third-party sellers “Most Favored Nation” policies that cause customers to pay supra-competitive prices. Plaintiffs’ economics…
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Biomedical Engineering Expert’s Testimony on Product Warnings Admitted
Connie Thacker is one of tens of thousands of individuals who have filed suit against Ethicon for injuries after treatment with Ethicon’s pelvic mesh devices. Defendants filed a motion to exclude or limit certain opinions and testimony of Plaintiff Thacker’s expert, Anne H. Wilson, MBA. Biomedical Engineering Expert Witness Anne Holland Wilson is a biomedical…
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Obstetrics Expert’s Testimony on Brain Damage Limited
Elizabeth Reyes and her minor daughter G.T. sued the United States, Bronx Lebanon Hospital Center, BronxCare Health System, and two doctors over G.T.’s permanent medical conditions, which the Plaintiffs alleged were caused by mistakes made during Reyes’ labor and delivery and G.T.’s neonatal care. The Bronx Lebanon Defendants filed a motion to preclude Plaintiffs’ obstetrics…
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Pharmacology Expert’s Testimony About the Purpose and Effect of Illegal Marketing Tactics Excluded
Plaintiff State of Washington alleged that Novo Nordisk Inc. (“NNI”) caused physicians to prescribe its drug, NovoSeven®, to Washington hemophilia patients by: (1) promoting it “off-label” for prophylaxis and “high dose” use; (2) paying kickbacks to physicians; and (3) paying bribes to patients, all of which rendered claims to Medicare and Washington Medicaid false. The…
