Category: Expert Challenges
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Safety Engineering Expert Witness’ testimony on non-scientific issues stands rejected after the Court upheld the applicability of Daubert Analysis
Sheila A. Skaggs filed a lawsuit against Ferrellgas, the supplier of liquid propane and propane dispensing equipment, after sustaining injuries from an explosion at Faurecia Gladstone, a facility owned by Faurecia USA Holdings, Inc. The incident took place when an LP tank exploded while Skaggs was working at Faurecia. The equipment involved, including the LP…
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Court rejects testimony of Mechanical Engineering Expert Witness for lacking specialized knowledge or experience in the pulp and paper industry
The Plaintiffs—Michael Johnson, Charles Cunningham, Jerry Bailey, Eric Woodward, Michael Darbonne, Michael McCullough, Christopher Harrington, Demon Benjamin, and Pamela Green—filed a lawsuit against Packaging Corporation of America (“PCA”), Boise Packaging & Newsprint, LLC (“BPN”), Boise, Inc. (“Boise”), and Rick Butterfield after a tragic explosion at PCA’s DeRidder, Louisiana paper mill on February 8, 2017. During…
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Court refuses to exclude expert opinion on damages for tools, equipment and inventory amidst claims of trade secret misappropriation
This case involved a dispute between Tankmax, Inc. (Tankmax) and its former employee, Wayne Duran, as well as Duran’s new company, American Gas Services LLC (AGS). Tankmax sued Duran and AGS for violations of trade secret laws, computer fraud, tortious interference, unjust enrichment, breach of fiduciary duties and conversion.Wayne Duran was employed by Tankmax and…
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Court rejects Causation Opinions offered by Expert Witnesses with regard to Injuries caused by an Allegedly Exploding Fluorescent Lamp on account of Lack of Adequate Testing and Investigation of the Accident
This case involves a lawsuit filed by Donald F. Greene and Nicole F. Greene (“Plaintiffs”) against Ledvance LLC (“Defendant”) regarding injuries Donald Greene sustained when a fluorescent light bulb he was changing allegedly exploded. The incident occurred on June 11, 2020 at Donald Greene’s workplace. According to the allegations, On June 11, 2020, Donald Greene,…
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Testimony of Insurance Coverage Expert Witness found to be connected to existing data only by her ipse dixit
The case involved a dispute over insurance coverage concerning damages resulting from a roof leak in a residential property. Great Lakes Insurance SE, the Defendant, denied the Plaintiff’s claim, contending that the leak stemmed from rot, wear and tear, and an accumulation of pine needles—causes not covered under the policy. The crux of the matter…
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Court excludes the testimony of Business Administration and Management Expert Witness citing Violation of Disclosure Obligations
This case involved a dispute between Plaintiffs Toa Trading LLC and MunshiBari LLC and Defendants Mullen Automotive, Inc. and Mullen Technologies, Inc. over an alleged breach of contract. The Plaintiffs claimed that the Defendants failed to pay them a finder’s fee as required by an agreement between the parties. The Defendants argued that they were…
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Reliability of Homogeneous Precinct Analysis Undermined since Small Majorities provide Insufficient Data for such Analysis; Court limits the Testimony of Political Science Expert Witness amidst claims of Racially Polarized Voting
This case concerned claims brought by Plaintiffs Miguel Coca and Alejandro Rangel-Lopez under Section 2 of the Voting Rights Act (“VRA”) and the Fourteenth Amendment’s Equal Protection Clause. Plaintiffs alleged that Defendants, the City of Dodge City and members of the Dodge City Commission, violated Section 2 by holding at-large elections for Commission seats. To…
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Court discredits Legal Conclusions rendered by the Foreign Law Expert Witness
In December 2020, Koninklijke Philips N.V. (“Philips”) initiated legal action against Defendants Telit IoT Solutions, Inc. and Telit Communications LTD (collectively “Telit”), asserting infringement of six Philips patents crucial to telecommunications standards regulated by the European Telecommunications Standards Institute (ETSI). ETSI, which stands for the European Telecommunications Standards Institute, is a “standards body dealing with…
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Court affirms the testimony of Accident Reconstruction Expert despite marginally discussing human factors
This case involves a vehicle accident that occurred on August 24, 2018 in Thomasville, Georgia. Plaintiff Grady Bryan was performing maintenance on a traffic light while positioned in a suspended lift bucket attached to a Georgia Department of Transportation (DOT) utility boom truck. Defendant David Swisher, a tractor trailer driver working for Defendant Greenwood Motor…
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Court rejects the Film Finance and Distribution Expert Witness’ opinion on substantial similarity citing lack of literary expertise in Copyright Infringement Suit
In the legal case involving Nicole Gilbert-Daniels as the Plaintiff and Lions Gate Entertainment Corp., Starz Entertainment, LLC, Chernin Entertainment, LLC, Katori Hall, Liz Garcia, and Patrik-Ian Polk as Defendants, Plaintiff contended that Defendants’ television show, “P-Valley”, infringed on her copyright for her musical stage play, “Soul Kitten Cabaret” which led to a pivotal moment…
