Category: Expert Challenges
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Psychology Expert Witness is Unqualified to Testify as to Reputational Damages
On June 15, 2020, Michael J. Fitzgerald and Ronda and Will McNae finalized a Settlement Agreement to resolve claims related to alleged rape and sexual assault. This agreement included Fitzgerald paying a sum of money and, in return, the McNaes releasing their claims, agreeing not to contact Fitzgerald’s employer, SoftwareONE, refrain from writing about him…
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Recreational Vehicle Expert’s Valuation Determination Complies with Rule 702
Plaintiff Jason Greene purchased a recreational vehicle (“RV”) from Defendant Thor Motor Coach, Inc. (“Thor”). The purchase included a 12 month / 15,000 mile limited warranty (the “Limited Warranty”). After purchasing the RV, Greene encountered issues with the RV that led him to seek repairs on several occasions. Some issues remained even after the attempted…
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Technology Expert Allowed to Testify Despite Not Using the Software Systems at Issue
Plaintiffs Donna Wood, Caelan Doherty, Max Goldstein, Bridget Logan, James Kyle Newman, Lakisha Watson-Moore, Tristan Angulo, Alexandra Marie Wheatley-Diaz, Robin Ceppos, and Nick Coker (together, “Plaintiffs”), individually and on behalf of all others similarly situated, bring this collective and class action against Mike Bloomberg 2020, Inc. (the “Campaign” or the “Defendant”), asserting claims under the Fair…
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Accident Reconstruction Expert’s Testimony About Each Vehicle’s Damage Admitted
On March 12, 2021, Linda Maraldo was waiting at a red light in her 2017 Chevrolet Sonic. Behind her, Cynthia O’Hara was operating a United States Postal Service (“USPS”) box truck. When the light turned green, O’Hara took her foot off the brake, causing the truck to move forward and collide with Maraldo’s vehicle. Maraldo…
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Intellectual Property Expert’s Opinions may Assist the Jury’s Statutory Damages Determination
Plaintiffs manufacture, market, and sell premium, luxury, and sports eyewear products, including Ray-Ban, Oakley, and Costa. Plaintiffs own several trademarks for these various brands in the United States. Defendants own and operate the Beach Blvd. Flea Market (the “Flea Market”), in Jacksonville. This is a contributory trademark infringement case involving the repeated display and sale…
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Data Privacy Expert Has Sufficient Experience in TCPA Compliance and Wrong Number Issues
David Elliot filed a lawsuit against Humana, claiming the company violated the Telephone Consumer Protection Act (TCPA) by repeatedly calling him with robocalls even though he wasn’t a customer and had informed them they had the wrong number. Elliot wants to pursue this as a class action, arguing that many others have experienced similar unwanted…
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Forensic Engineering Expert’s Testimony Admitted Despite his Reliance on an Article Written in 2014
This case arises from a fire that occurred on Plaintiff’s Insured’s property, for which Plaintiff alleges the following alternative claims against Defendant: (1) strict product liability; (2) negligence (resulting from product defects); (3) breach of implied warranty of merchantability; and (4) breach of implied warranty of fitness. The most probable ignition source of the fire…
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Accounting Expert Has Not Violated the Anti-Corruption Code by Virtue of his Professional Experience
Back in 2012, Travelers Casualty & Surety Company of America (Travelers) provided Aluma Construction Corporation with a General Agreement of Indemnity and issued surety bonds guaranteeing Aluma’s completion of three construction projects in Puerto Rico. After being obligated to pay out on these bonds, a situation covered by the indemnity agreement with both the company…
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Emergency Medicine Expert Barred from Offering Legal Conclusions Regarding whether EMTALA was Violated
The present case stems from incidents occurring around 2:00 a.m. on December 18, 2020, when Angela Cleveland arrived at the Emergency Department (ED) entrance of Bienville Medical Center (BMC) with her 29-year-old son, Kedeldric Dontrez Brown. The Plaintiff has brought claims under the Emergency Medical Treatment and Labor Act (EMTALA), asserting that Brown’s death resulted…
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Orthopedic Surgery Expert’s Testimony will Assist the Court in Determining Questions of Causation
Following the May 3, 2017 motor vehicle accident that is the basis of this legal action, the Plaintiff presented to the emergency department of Robert Wood Johnson University Hospital with complaints of neck, back, shoulder, and left knee pain. He was then referred to orthopedist Dr. Steven L. Nehmer for evaluation and treatment of his…
