Category: Expert Challenges
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Vocational Rehabilitation Expert Witness’ Opinions On Wage Rates in the Mexican Labor Market Admitted Despite Alleged Flaws
After Aries Marine filed its Complaint for Exoneration from or Limitation of Liability (the “Limitation Action), seven individuals filed claims for personal injury, including Glenn Gibson, Ronald Williams, Luis H. Jimenez (aka Gilberto Gomez Rojas), Gabriel Vilano, Lee Bob Rose, Tomas Arce-Perez, and Calvin Abshire. The first six Claimants referenced above have retained Glenn Hebert…
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Survey Research Expert Witness’ Testimony Admitted Because the Court Found No Evidence of Actual Confusion among Respondents
In this trademark dispute, Defendants SuccessfulMatch.com and Successful Match Canada (both, Successful Match) sought to cancel on genericness grounds the registration of trademarks asserted by Plaintiffs Clover8 Investments and Reflex Media, Inc. As Successful Match puts it, the trademarks in question “are used in connection with seeking a companion in the ‘Sugar Daddy’ and ‘Sugar…
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Forensic Science Expert Witness’ Conclusions About Citigroup’s Security Standards Rejected
Hamrit, a citizen of Algeria who lives in Washington, D.C., has been a Citibank customer with a personal checking and savings account since July 2019. In early May 2020, Hamrit’s relationship manager at Citibank, Jim Riutta, encouraged Hamrit to join the Citi Personal Wealth Management (“CPWM”) program. He alleged that, while monitoring the trading activity…
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AI Use Casts Doubts on the Quality and Veracity of Communications Expert Witness’ Declaration
YouTuber and Minnesota state representative filed a lawsuit claiming that the state’s new law criminalizing the use of deepfakes to influence elections violates their First Amendment right to free speech. Jeff Hancock, the founding director of Stanford’s Social Media Lab, submitted his expert opinion earlier this month. His opinion included a reference to a study that purportedly found…
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Project Management Expert Witness Does Not Lack the Relevant Experience Considering He is Not Designated as a Construction Expert
Plaintiff filed its Original Petition with the Court on March 25, 2022, alleging causes of action for breach of contract, negligence, fraudulent inducement, negligent misrepresentation, fraud, and a constructive trust – Plaintiff sought relief in the form of actual and exemplary damages. This lawsuit arises from a proposed security upgrade construction project that was to…
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Medical Billing Expert Witness’ Report Precluded Because it Reviews the Amounts Previously Billed
This matter stems from a motor vehicle accident that occurred on May 21, 2023 when the vehicle driven by Plaintiff, Juwan Brown, and occupied by his parents, Clarence and Tawanna Brown, was struck by a commercial vehicle driven by Dashawn Brooks. The commercial vehicle was owned by Penske Truck Leasing Co. and leased by Defendant…
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Court Dismissed Objections With Regard to Untimely Designations of Expert Witnesses
By this suit, Plaintiff Anthony Guernon brought claims of negligence and negligence per se against Defendant Joel Barroso and for vicarious liability against Barroso’s Employer, Stevens Transport, Inc. (“Stevens Transport”), arising out of a motor vehicle accident which occurred on May 3, 2021, In El Paso County, Colorado. Following several extensions, the parties were required…
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Real Estate Appraisal Expert Witness’ Valuation Opinions Admitted Despite Serious Concerns About the Methodology
Plaintiff Old Gate Partners, LLC (“Old Gate”) alleged that Paddock is liable for contamination of a property (“the Property”) currently owned by Old Gate. Paddock retained Michael P. Hedden to provide valuation opinions of the Property’s “highest and best use and market value.” As a part of his analysis, he utilized an appraisal technique known…
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Economics Expert Witness’ Estimate of ED Treatment Utilization Deemed Reliable
Plaintiffs Molly C. and Naomi L. are beneficiaries of group health insurance plans administered by Defendant Oxford Health Insurance, Inc. (Oxford). Beginning in 2019, Plaintiffs were diagnosed with eating disorders, received outpatient nutritional counseling as part of their treatment, and submitted claims for that counseling to Oxford, which denied them on the ground that their…
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Law Enforcement Expert Witness Testimony on LAPD’s Compliance with Policies and Procedures Deemed Relevant
This matter involves an incident that occurred on May 29, 2020, while Plaintiff, David Zuniga was present during the George Floyd protests in Grand Park, Downtown Los Angeles. During this time, Zuniga and his experts contended that he was struck with a nonlethal projectile to his head by Defendant Officer Aaron Green. Officer Green, and…