Category: Expert Challenges
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Court Cannot Conclude that Environmental Science Expert Witness’ Opinions Meet the Rule 702 Standard
Plaintiff Utah Physicians for a Healthy Environment’s (“UPHE”) alleged a number of Clean Air Act (“CAA”) and Noise Control Act (“NCA”) violations against Defendants, who are motorcycle dealerships and their owner. At summary judgment, UPHE proffered the expert testimony of Dr. Michael St. Denis. In relevant part, St. Denis opined that a “test motorcycle” purchased…
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Structural Engineering Expert Witness’ Testimony Admitted Despite His Lack of Specific Experience in Designing Pools
This case involves claims raised by Plaintiffs Kyle and Annaleah Justice against Defendants Bestway USA and Rural King Holdings, Inc. 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. Plaintiffs raised five claims against Bestway USA: Count I…
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Pediatrics Expert Witness’ Opinion on Forceps-Assisted Vaginal Delivery Excluded
The present case involved a medical malpractice claim filed by Plaintiffs Tyler Grenier and Jenna Grenier, individually, and as the next friend of minor J.A.G., against the Defendant United States of America (“Defendant”). The Plaintiffs alleged medical negligence at Tripler Army Medical Center (“Tripler”) concerning prenatal care and labor provided to Plaintiff Jenna Grenier (“Jenna”)…
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Court Will Not Preclude Marketing Expert Witness From Testifying at Trial on the Basis of Untimely Disclosure
On May 20, 2020, Plaintiffs filed the complaint initiating this action against Defendants for allegedly conspiring to acquire Plaintiffs’ personal and private records from the California Department of Motor Vehicles for the purpose of sending them letters to solicit business in the form of legal representation for litigation against sellers of vehicles they had purchased. …
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Marketing Expert Witness’ Testimony on Students’ Exposure to Fraudulent Rankings Admitted
Plaintiffs Iola Favell, Sue Zarnowski, Mariah Cummings, and Ahmad Murtada (“Plaintiffs”) alleged that Defendant University of Southern California (“USC”) engaged in a scheme to artificially inflate the U.S. News & World Report (“US News”) ranking of USC’s Rossier School of Education (“USC Rossier”) by submitting incomplete data to US News — and then marketed that…
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Economics Expert Witness’ Opinion on the Necessity, or Lack Thereof, of Expert Economic Analysis Excluded
The tenant-Plaintiffs in this case alleged that the Defendants, a national real estate investment and property management conglomerate, use illegal leases and engage in practices that violate the Plaintiffs’ rights under Washington’s Residential Landlord Tenant Act (“RLTA”). The Plaintiffs also contend that the Defendants breached their duty of good faith and fair dealing. They sought damages,…
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Obstetrics and Gynecology Expert Witness Deemed Qualified to Express Opinions on Preeclampsia
The dispute in this matter stems from the prenatal care provided in January 2021 to Brittany S. Gobble by David P. Russell, M.D. at Bristol Gynecology and Obstetrics, P.C. (“BGO”) and Haley L. Akin, M.D. The Plaintiffs accused Haley Akin, M.D. of failing to make a diagnosis of severe pre-eclampsia during the hospitalization of January…
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Biomechanics Expert Witness is Qualified to Opine on What Caused Plaintiff’s Injury
This matter involves an incident that occurred on May 29, 2020. At the time, the Plaintiff, David Zuniga, was present during the George Floyd protests in Grand Park, Downtown Los Angeles. Plaintiff and his experts contended that Defendant Officer Aaron Green struck him with a nonlethal projectile to his head. Officer Green, along with the…
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Court Refuses to Exclude Maternal Fetal Medicine Expert Witness’ Testimony Regarding the Use of Forceps
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for…
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Human Factors Expert Witness’ Opinions About Tripping on the Raised Fuel Pump Excluded
On November 30, 2022, Plaintiff, Cynthia Burgett, was at the Hy-Vee Fast & Fresh convenience store in Prairie Village, Kansas, to purchase gas. The gas station’s fuel pump islands are shaped like an “H” and also referred to by the parties as a “dog bone” shape. The fuel pump islands are elevated above the parking…
