Category: Expert Challenges
-
Emergency Medicine Expert Witnesses Opinions on Medical Screening Examinations Admitted
The case involved claims under the Emergency Medical Treatment and Labor Act (EMTALA) concerning the death of Calvin Jackson, Sr.’s minor child, C.J., the Plaintiffs. On August 9, 2020, C.J. received emergency medical care at North Caddo Medical Center (NCMC), the Defendants. Jackson alleged that NCMC failed to provide C.J. with proper medical screening and…
-
Testimony of Labor and Employment Expert Witness Regarding Applicability of 7(i) Exemption of FLSA Rejected
The Plaintiffs, including Kelli Salazar, Wayne Carpenter, Rodney Lopez, and Gregory Hanna who were either current or former drivers for Defendant, The Driver Provider (“DP”), initiated legal proceedings under the Fair Labor Standards Act (FLSA). They contended that the Defendants misclassified them and did not adequately compensate them, contravening the FLSA regulations. Specifically, the Plaintiffs…
-
Court rejects the opinions of Environmental Engineering Expert Witness citing Lack of Demonstrable Testing or Modeling based specifically on Mining Sites
Blackhawk Mining, LLC and Pine Branch Mining, LLC (“the Mining Companies”) had operations in Breathitt County, Kentucky. Between July 25 and July 30, 2022, communities across eastern Kentucky suffered historic rainfall that led to “one of the most significant, deadly floods” in the Commonwealth’s history. The floods resulted in significant damage to property and the tragic…
-
Forensic Engineering Expert Witness held to use a Reliable Methodology for Window Evaluation
Plaintiffs, Aimee and Erich Wolf filed a suit against Defendant, State Farm & Casualty Company raising claims such as breach of contract and bad faith from damage inflicted on the Wolf’s home during Hurricane Laura, which made landfall in Southwest Louisiana on August 27, 2020. Throughout the relevant period, the home was insured by State…
-
Calculations of Future Medical Costs presented by Life Care Planning Expert Witness found to consist of Mathematical and Geographical Errors
Plaintiffs Briana Leakas and her minor son, D.L., along with Theodore Leakas, Leakas’ spouse and D.L.’s guardian ad litem, initiated a legal action in the Monterey County Superior Court alleging personal injuries resulting from toxic mold contamination in a home they leased from Defendants, Monterey BayMilitary Housing, LLC. The Plaintiffs claimed they sustained these injuries…
-
Economic Damages Expert Witness held to Employ Valid Methodology for Computing Lost Licensing Profits
Plaintiff Brand Design Company, Inc., d/b/a House Industries (“House”), a design studio and typeface foundry is in the business of developing and marketing proprietary fonts. House accused Defendant Rite Aid Corporation of appropriating one of these proprietary fonts and its corresponding font software—Neutraface—in the pharmacy chain’s rebranding effort, with the assistance of Defendants GA Communications, Inc., d/b/a PureRED Creative,…
-
Legal Fee Analysis Conducted by Litigation Expert Witness held to meet Reliability Standard under Daubert
The Plaintiff, New Prime, Inc. (“Prime”), a large trucking company, enlisted Greenfield as an expert to assess the reasonableness of their decision to hire the Gibson Dunn law firm for defense in a wrongful death lawsuit arising from a tractor-trailer collision in New Mexico in December 2015. In the ongoing lawsuit, the Plaintiff accused AmWins…
-
Testimony of Human Resources Expert Witness Rejected for Failure to Demonstrate how her Experience Informed her Conclusions
In the summer of 2020, Alexandria L. Erwin, the Plaintiff, was hired by OBI Seafoods, LLC, the Defendant, to work as a fish processor at its Egegik, Alaska fish processing plant. Erwin, who is Black, reported instances of racial harassment and discrimination in the workplace. She claimed that coworkers made explicit comments objectifying her and…
-
Survey Methodology Employed by Marketing Expert Witness Deemed Admissible
Plaintiff, Anthony Bush on behalf of a class of California consumers, brought a class action against the Defendant, Rust-Oleum Corporation for mislabeling of its “Krud Kutter” cleaning products as “non-toxic” and “Earth friendly,” contending that it violated California consumer-protection laws since the products were, in fact, harmful to humans, animals, and the environment. The operative…
-
Trucking Expert Witness deemed unqualified to testify about likely cause of tire blowout
Plaintiff, Robin D. Post sued Defendant, Dennis J. Zimmerman following a highway accident on December 23, 2019 when Defendant John H. Kaser, Plaintiff, and Zimmerman—in that order—were traveling eastbound on Highway 24 in Osborne County, Kansas. Plaintiff rode in a Chevrolet Equinox while Defendants Kaser and Zimmerman each drove semi-trucks. The Plaintiff was rear-ended by…
