Category: Expert Challenges
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Human Factors Expert Witness Improperly Relied on Studies Regarding the Climbing Abilities of Children
Plaintiffs Kyle and Annaleah Justice raised claims of negligence and strict liability against Defendants Bestway (USA), Inc. and Rural King under the Missouri Wrongful Death Statute. Plaintiffs’ claims arose from the drowning death of their minor daughter, E.M.J., in an above-ground pool on August 3, 2019. On March 10, 2022, Bestway USA filed a Third-party…
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Family Medicine Expert Witness’ Testimony on Landlord’s Health Condition Excluded
In this fair-housing action, Intervenor Beverly Boucher sought to rent an apartment from Defendants Madison Property, L.L.C. (Madison Property) and Andrew Brenner (together, Defendants). Defendants declined to rent to Boucher after she informed them that she wished to live in the apartment with an emotional support animal (ESA), a cat. In Count I, Plaintiff United…
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Testimony of the Biomechanical Engineering Expert Witness About the Dangers of Inclined Sleepers Limited
For over 10 years, Fisher-Price sold a product called the Rock ‘n Play Sleeper (RnP). The Plaintiff, Ameena Brown, argued that the defective design of the RnP was to blame because her infant son, A.B., had died from sleeping in it. The dangers of this inclined sleeper product were widely debated in this case. It…
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Law Enforcement Expert Witness’ Opinion About Officer’s Demeanor Has Marginal Relevance
Joshua Briggs was arrested for Disorderly Conduct and Harassment because he called Anchorage Police Officer Orean Yi a pig. Briggs filed this lawsuit alleging that he was arrested without probable cause in retaliation for exercising his First Amendment rights. Officer Yi asserted that he had probable cause to arrest Briggs because Briggs was making sufficient…
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Human Factors Expert Witness’ Opinion About the Alleged Design Deficiencies of the Boppy Newborn Lounger Admitted
The Boppy Newborn Lounger (“BNL”) was on the market for nearly sixteen years, and during that time, Boppy sold over 3.3 million BNLs. Boppy’s warnings and marketing made clear that the BNL was intended to give caregivers a place to lay infants down for supervised awake time only, but never for sleeping. As with any…
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Real Estate Valuation Expert Witness’ Testimony on Appreciation Impairment Damages Admitted
108 named Plaintiffs admitted that they purchased their Shipyard properties for residential purposes. Plaintiffs each bought units on Parcel A of the former Hunters Point Naval Shipyard (“HPNS”). HPNS is a Superfund site where Tetra Tech EC, Inc. (“TtEC”) conducted environmental remediation work in certain areas years before the Plaintiffs bought their units. Plaintiffs now…
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Marketing Expert Witness’ Testimony on Consumer Perceptions Excluded Because His Survey is Flawed
Plaintiff Multiple Energy Technologies, LLC (“MET”) accused Under Armour of false advertising in relation to certain products that contain bioceramic powder. MET contended that Under Armour inaccurately claimed that the Federal Food and Drug Administration had determined that those products enhanced recovery. Under Armour sells activewear and sleepwear products directly to consumers. This includes the…
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Marketing Expert Witness’ Testimony on Consumer Confusion Deemed Speculative
Plaintiff IEP Technologies, LLC brought this action against Defendants KPM Analytics, Incorporated f/k/a Statera Analytics, Incorporated and KPM Analytics North America Corporation f/k/a Process Sensors Corporation (collectively “KPM”) for allegedly violating IEP’s trademark. The complaint asserts violations of the Lanham Act, besides a claim for common law trademark infringement and unfair competition. Genuine disputes of material…
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Environmental Science Expert Witness’ Analysis of Historical Emissions Deemed Reliable
Over sixty Plaintiffs alleged that Defendant Lockheed Martin Corporation’s weapons manufacturing facility in Orlando released toxic chemicals that contaminated the air, soil, and groundwater, leading to various injuries among the Plaintiffs. The instant case formed a part of a group of related toxic tort cases. Following a complex history during the dispositive motion stage, the…
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Accounting Expert Witness’ Testimony on Damages Admitted Because it Includes Independent Analysis
Plaintiff American Power, LLC (“AMP”) is a trucking-logistics company headquartered in Dayton, Ohio. According to the Complaint, Plaintiff invested in and loaned $450,000 to Defendant Dektrix LLC, a transportation-servicing company headquartered in Utah. The Complaint charges that the investment and loan were fraudulently obtained and ultimately worthless. Plaintiff sought to impose liability upon Dektrix and…
