Category: Expert Challenges
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Law Enforcement Expert Witness Deemed Qualified To Opine On Law Enforcement’s Reaction to High-Stress Situations
This civil rights action arises out of an October 23, 2020 traffic stop involving Plaintiff, Kary Jarvis and Daytona Beach Police Department officers Marville Tucker and James Mackenzie. As a result of the traffic stop, Plaintiff was injured and filed a complaint alleging false arrest. Plaintiff sought to exclude Defendants’ expert witness Dr. Richard Hough…
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Insurance Expert Witness’ Testimony About the Industry Norms and Customs of the Insurance Adjustment Process Admitted
This claim arises from 2B’s negligent handing of an auto insurance claim brought by Harold and Milagros Lacey against GoAuto insureds, Alisha and Kayranasia Hill resulting from a motor vehicle accident in Panama City Beach, FL on July 31, 2020 (the “Lacey Claim”). GoAuto is a Louisiana-based insurance company that writes policies in Louisiana, Texas,…
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Business Valuation Expert Witness’ Alternative Bases of Calculating Alleged Damages Partly Rejected
In this trademark infringement action, Plaintiffs, Makina Ve Kimya Endustrisi AS (“MKE”) accused the Defendants, A.S.A.P. Logistics Ltd. of engaging in massive fraud when they offered to sell millions of rounds of Plaintiff’s military goods, to multiple purchasers, without permission or right. MKE’s damages expert, Pamela O’Neill, opined that MKE suffered millions of dollars in…
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Psychiatry Expert Witness’ Testimony Regarding the Criteria for Cannabis Use Disorder Admitted
Defendant Ryan Vangdy is charged with knowingly possessing firearms while being an unlawful user of a controlled substance. The government filed a motion to exclude Defendant’s expert, Dr. Gregory Nawalanic. The government argued that the Court can exclude Nawalanic under Rule 702 for several reasons, specifically that the testimony is irrelevant, unhelpful to the jury, only…
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Environmental Engineering Expert Witness’ Testimony About Emissions From Alternative Odor Sources Excluded
This case concerns the operation of the Jefferson Parish Landfill in Waggaman, Louisiana (the “JPLF”), and the resulting odors emitted from the JPLF between July 1, 2017, and December 31, 2019 (the “relevant time period”). Plaintiffs, who are Jefferson Parish residents, filed several individual lawsuits that were consolidated into a mass action, Addison v. Louisiana Regional…
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FDA Expert Witness’ Testimony Excluded Because He Did Not Test His Theories
The Plaintiffs — Carmelo Leon and Wanda Leon — brought this action against the Defendants — United Industries Corporation (“UIC”), Spectrum Brands, Inc. (“SBI”), Cutter, and Home Depot U.S.A., Inc. (“Home Depot”) — after Carmelo Leon sustained burn injuries during an incident involving a mosquito-repelling candle manufactured and sold by the Defendants. The Defendants initially moved…
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Orthopedic Surgery Expert Witness Barred From Determining the Reasonable Cost of Medical Expenses
Plaintiff, Mostafa Natour was injured in a car accident with a United States Postal Services delivery truck. Natour received medical treatment that consisted of imaging studies, chiropractic care, epidural injections, and pain management care. He sought to recover, among other things, his past medical expenses. Natour retained Alex Cruz, M.D. of Abacus Analytics as an…
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Scope of Damages Identified by Insurance Expert Witness Admitted
This suit arises from alleged damage to Plaintiff, Curt Marcantel’s primary residence in Lake Charles, Louisiana, and his ranch in Singer, Louisiana, during Hurricane Laura. At all relevant times the properties were insured under policies issued by State Farm. Plaintiff filed suit in this court on June 6, 2022, alleging that State Farm had not…
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Marketing Expert Witness’ Testimony About the Digital Marketing Strategy Employed and Its Potential Returns Excluded
Plaintiff La Canada Ventures, Inc., is a health and beauty retailer offering cosmetic products. Defendant MDalgorithms is a company that offers computer software and app technology for education and advice about the treatment of acne. Both parties create and market skin and haircare products with the root mark “MD.” Plaintiff brought this action against Defendant,…
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Petroleum Engineering Expert Witness’ Testimony Admitted Because his Supplemental Report Does Not Rely on New Information
Plaintiff sued Berry Petroleum Company for injuries incurred while pumping oil for transport as a crude oil truck driver for Savage Industries Inc. In both the initial disclosure and the supplemental disclosure at issue here, Plaintiff designated Edward R. Ziegler as an “oil field, oil tank and oil tank’s ‘thief hatch’ safety expert as to…
