Category: Expert Challenges
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Court limits the testimony of Chemical Engineering Expert Witness citing his lack of familiarity with technical aspects of Polycarbonate technology, its design, or its operation amidst claims of trade secrets misappropriation
Trinseo Europe GmbH filed a lawsuit against several Defendants, including Stephen Harper, Steve Harper Consulting, Inc., Polycarbonate Consulting Services, Inc., Kellogg Brown & Root, LLC (KBR), William Davis, and Polycarbonate Resins Consulting, LLC. The lawsuit alleged that these parties had unlawfully obtained Trinseo’s trade secrets and confidential information associated with polycarbonate manufacturing. Polycarbonate is a…
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Court admits the findings of Neuropsychology Expert Witness with regard to injuries stemming from a rear-end collision for pointing out an intervening or alternative cause
The Plaintiffs, Samuel and Allison Fetchero, filed a lawsuit against the Defendant, Amica Mutual Insurance Company, following a car accident. The Plaintiffs had fully paid insurance premiums for underinsured motorist coverage from the defendant. The Defendant accepted the premiums and issued underinsured motorist (UIM) coverage to the Plaintiffs. On April 5, 2016, an underinsured driver,…
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Methodology employed by the Business Valuation Expert Witness to compute damages passes the Daubert test amidst alleged violations of consumer protection laws
This case involved a dispute over the admissibility of expert testimony regarding damages in a lawsuit filed by Innovative Solutions International, Inc. (“Plaintiff”) against multiple Defendants, including Houlihan Trading Company, Inc. and Pilgrim’s Pride Corporation (“Pilgrims”). Pilgrims, a company involved in preparing and packaging chicken for resale, supplied chicken that went through several vendors before…
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Court rejects the damages calculation of Economic Damages Expert Witness but allows him to opine on available employment opportunities for the Plaintiff in Employment Discrimination Suit
Plaintiff Rose Kochka had brought claims against West Penn Allegheny Health System Inc. (“WPAHS”) under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621, et seq., Pennsylvania Human Relations Act (“PHRA”), 43 P.S. §§ 951, et seq., and the Pittsburgh City Code, Article 5 §§ 651.01 et seq. These claims arose…
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Court admits the testimony of SEC’s Finance Expert Witness affirming its relevance in assessing the Defendant’s violation of federal securities law
The United States Securities and Exchange Commission (SEC) filed a lawsuit against Ian Balina for allegedly offering and selling securities without proper registration and disclosures, in violation of federal securities laws. The United States Securities and Exchange Commission (SEC) accused Ian Balina, a self-described crypto asset investor, promoter, and influencer, of violating Sections 5(a), 5(c),…
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Court limits the testimony of Metallurgical Engineering Expert Witness for rendering legal conclusions by stating that certain information was not a trade secret
On March 24, 2021, BPS initiated legal action against Inashco, accusing it of having breached a non-disclosure agreement (NDA) (Claim 1), misappropriation of trade secrets (Claim 2), and unjust enrichment (Claim 3). The first claim alleged that Inashco violated the NDA by using BPS’ confidential information. Similarly, Claim 2 asserted that Inashco had used BPS’…
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Court excludes the testimony of Mining Engineering Expert Witness for not being of sufficient assistance to the trier of fact in determining whether the coal was mineable or merchantable
This legal dispute stemmed from American Carbon Corporation (ACC) allegedly breaching a lease granting exclusive mining rights for coal owned by Big Sandy in Pike County, Kentucky. ACC was allowed to mine the “Demised Coal,” defined as mineable and merchantable coal within the property boundaries. In return, ACC was obligated to diligently mine, pay royalties,…
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Questions relating to the bases and sources of an expert’s opinion affect the weight to be assigned that opinion, not admissibility; Court admits the testimony of Structural Engineering Expert Witness in insurance coverage dispute
This insurance coverage dispute arose when the Plaintiff, Fiberco’s building was damaged by a hailstorm in April 2020 while insured under a policy issued by Defendant, Acadia Insurance Company effective from April 10, 2020 to April 10, 2021. FiberCo subsequently filed a claim with Acadia for the hail damage to the building. After an assessment,…
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Court admits the testimony of Materials Science Expert Witness on defective gaskets despite it being based on the analysis of his colleague
This case involves a dispute between Norris Brothers Excavating, LLC (“Norris Bros.”), Southern Pipe & Supply Company, Inc. (“Southern Pipe”), and Romac Industries, Inc. (“Romac”) regarding leakage in a water transmission line installed by Norris Bros. for the City of Anniston, Alabama. Norris Bros. alleges the leaks were caused by defective restraining gaskets manufactured by…
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Court admits the testimony of Agriculture Expert Witness after establishing it is not conduit testimony from an expert on a matter outside his field of expertise
This case involved soybean farmers Jerry and Frances Probasco suing agricultural cooperative MFA Incorporated and employee Nick Riihinen for negligence, breach of contract, and breach of warranty after herbicide sprayed on their crops by MFA allegedly killed 162 acres of soybeans. The case was heard in the United States District Court for the Southern District…
