Category: Expert Challenges
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Construction Expert Witness Testimony Admitted Despite Conducting Inspection Three Years Post Hurricanes
This dispute stems from damages caused by Hurricane Laura and Hurricane Delta to a residence at 3321 Landfair Street, Lake Charles, Louisiana. The property, owned by the estate of Bobby Shelton, was insured by State Farm Fire & Casualty Company . Cynthia Frisbie, the executor of the estate, filed a lawsuit on October 16, 2021,…
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Trucking Expert Witness Testimony on Negligent Operation of Vehicles Admitted
Plaintiff Shawn Martin suffered serious injuries from the rear-end motor vehicle collision with Defendant Valenzuela’s trailer, which occurred on I-84 on Cabbage Hill outside Pendleton, Oregon, amid adverse weather conditions. Defendants Luis Valenzuela and Baljinder Singh were operating commercial motor vehicles, while Defendant Joel Hannu was driving a large pick-up truck. The Plaintiff, Shawn Martin,…
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Market Research Expert Witness Opinions on Deceptive Labeling Rejected
Tom’s a wholly-owned subsidiary of Tom’s of Maine Holdings, Inc., which, in turn, was a wholly-owned subsidiary of Colgate. Tom’s specialized in manufacturing personal care products, such as toothpaste and deodorant. The company marketed numerous toothpaste flavors and deodorant varieties as “natural”, which included 34 toothpaste flavors and 17 deodorant varieties, all of which were…
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Royalty Analysis Conducted by Finance Expert Witness Deemed Reasonable
On June 11, 2021, Utherverse filed a patent infringement complaint against Epic, alleging that four Fortnite events (the “Accused Events”) violated the ‘071 Patent and the ‘605 Patent, collectively known as the “Asserted Patents.” These patents relate to enabling numerous participants to connect in a virtual computer-generated environment for shared virtual experiences. The current issue…
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Firearms & Ballistics Expert Witness Testimony Rejected for not being based on Empirical Evidence
In January 2021, Timothy Davis experienced an unexpected discharge of his Sig Sauer P320 XCarry pistol while exiting his vehicle, resulting in a severe leg injury from a 9mm hollow-point bullet. The circumstances surrounding the incident were unclear, with conflicting accounts in Davis’ deposition. He stated that, while sitting in his vehicle, he holstered the…
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Law Enforcement Expert Witness Testimony Limited for Telling the Jury what Result to Reach
Plaintiff Kang, a former Savannah police officer, filed a lawsuit against Police Chief Roy Minter and the City of Savannah alleging he was wrongfully terminated. Kang alleges that his termination, which followed his involvement in a group complaint and filing his own complaint against Chief Minter, was based on racial discrimination and retaliation. He also…
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Mechanical Engineering Expert Witness Opinions on Design Defects and Manufacturing Defects Admitted
Plaintiff Patricia Medellin filed a lawsuit to recover damages for severe injuries she suffered when she fell while using Defendant’s Little Giant Velocity Ladder, a multi-use ladder with adjustable features. The ladder could be configured into various climbing systems, including an extension ladder. Medellin asserted that the “Rock Locks” (version 2.1), which were the locking…
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Urogynecology Expert Witness Testimony about inadequate risk disclosure admitted in medical device product liability action
Connie Thacker (Plaintiff) received two surgical mesh devices, Prolift and TVT-Secur, as implants on May 8, 2009. Both devices were manufactured by Ethicon, Inc. and were designed to treat pelvic organ prolapse and stress urinary incontinence in women. Later, Thacker sued, alleging damages resulting from the use of these devices and identified Bruce Rosenzweig as…
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Finance expert witness excluded since opinion did not rely on specialized or technical knowledge
In February 10, 2023, Defendants, consisting of Varsity Brands, LLC; Varsity Spirit, LLC; Varsity Spirit Fashions & Supplies, LLC and U.S. All Star Federation, filed a Motion to Exclude the Testimony of James H. Aronoff. The motion sought to prevent the admission of Aronoff’s expert testimony, which was disclosed by the Indirect Purchasers, Jessica Jones…
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Court rejects the testimony of the Construction Expert Witness for not conducting site examination of any kind after a slip and fall accident
Plaintiff Wilfredo Maribona filed a negligence suit against Defendant Wal-Mart Stores East, LP. Maribona summarized his claim, asserting that he slipped due to the painted stop bar in the parking lot being slippery when wet from rain. Despite no accident report being filled out, the incident was recorded by store surveillance. The Plaintiff enlisted Christopher…
