Category: Expert Challenges
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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…
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Court Finds Construction Expert’s Testimony Regarding Causation, Damages, and Industry Standards Helpful Despite Limited Role in Underlying Insurance Claim Evaluation
This case involved an insurance dispute between Plaintiffs Bradford and Christy Boone (The Boones) and Defendant State Farm Fire and Casualty Company. The allegations centered around State Farm’s alleged failure to fulfill contractual obligations, engaging in bad faith practices, and committing constructive fraud in relation to the insurance claim made by the Plaintiffs. In April…
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Court rejects Life Care Planning Expert Witness’ testimony concerning future medical expenses for surgical treatment and related care in underinsured motorist bad faith action
In an underinsured motorist (“UIM”) bad faith action stemming from a car accident, Todd Cope presented at the emergency room after his vehicle was rear-ended on November 6, 2013, citing complaints of occipital headache, pain behind his right eye, and cervical spine pain. Medical records at that time indicated no acute traumatic injuries to the…
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Court admits Expert Testimony on the Value of NIL Rights in Broadcasts in this Antitrust Lawsuit
Consolidating separate cases involving student-athletes Sedona Prince, Grant House, and Tymir Oliver, the litigation contested National Collegiate Athletic Association (“NCAA”) regulations limiting student-athletes’ NIL (name, image, likeness) compensation. Plaintiffs alleged antitrust violations, asserting that these rules restrained fair compensation and artificially suppressed NIL prices. In June 2021, the Court dismissed some of Oliver’s claims seeking injunctive…
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Court admits the deficient report of Orthopedic Surgery Expert Witness despite non-compliance with the requirements of Rule 26 but subjects it to lesser sanctions
Plaintiff Valerie Peterson filed a personal injury lawsuit against Defendant Ross Dress for Less, Inc. in the United States District Court for the Eastern District of Missouri. Peterson alleged that on July 6, 2020, while shopping at a Ross Dress for Less store in Poplar Bluff, Missouri, she was struck by an overloaded shopping cart…
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Expert’s relevant knowledge and experience are more important to the reliability inquiry than methodology or theory; Court finds Investment Analysis Expert Witness qualified to opine as to the information a “reasonable investor” would find pertinent
The case involved cross-motions for summary judgment filed by Plaintiffs Lei Li, Strong Wealth Investment Limited, and Pacific Smile Limited against Defendants ArcSoft, Inc. and its CEO Michael Deng. Also before the Court was Deng’s motion to exclude expert testimony of David M. Locala. Deng served as the Chief Executive Officer and board member of…
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Court rejects the Firearms Expert Witness’ conclusions with regard to the possibility of the revolver firing without a trigger pull in product liability case
Freedom Arms manufactured the Model 83 Revolver, a single-action handgun firing a .454 Casull cartridge, designed for defense against large animals. This revolver incorporated a manual safety feature to prevent accidental discharge. The accompanying manual, available online or through various channels, contained numerous warnings against mishandling and provided explicit instructions on using the safety features.…
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Court admits the testimony of Chemistry Expert Witness despite alleged lack of experiential qualifications
Access Business Group International, LLC and Access BusinessGroup LLC (collectively, “Amway” or “Plaintiff”) sued Defendant Refresco Beverages after the aluminum cans containing Amway’s electrolyte-rich (i.e., salt-laden) sports drinks corroded and leaked. Refresco, engaged in the business of manufacturing canned and bottled drink products, contended that it merely “bottled” the beverages prepared with the exact ingredients…
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Court admits the testimony of Industrial Hygiene & Mold Expert Witness with regard to source of water intrusions that caused the mold growth
Zahid Hotel Group, LLC, the owner of a LaQuinta Inn insured by AmGUARD Insurance Company, claimed extensive damage to the property following Hurricane Ida in August 2021. Although AmGUARD disbursed $1,032,617.92 for building repairs and mitigation, Zahid contended that the sum fell short of covering repair expenses and failed to compensate for business personal property…
