Category: Expert Challenges
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Marketing Expert’s Use of the Market Approach Methodology Affirmed
Plaintiff FireBlok IP Holdings LLC (“FireBlok”) sued Defendants Hilti, Inc. (“Hilti”) and RectorSeal LLC (“RectorSeal”) (together, “Defendants”) and asserted two separate causes of action under the Lanham Act, False Advertising and False Association, based upon Defendants’ use of the UL Certification mark and FM Approval mark on Hilti’s Firestop Box Insert. The Firestop Insert is…
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Any Rule 26 Violation in the Accounting Expert’s Disclosure was Substantially Justified
Plaintiffs Michael Sutherland and Comfy Materials LLC sued Defendant Wellshow Machining Parts, Inc. for copyright infringement and false advertising relating to Defendant Wellshow’s Amazon listings of itscompeting products. Per the Amended Case Management and Scheduling Order, Plaintiffs disclosed one expert witness, Charleen Purdy, on March 14, 2025, who will “opine on Plaintiffs’ economic losses in connection…
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Fire Investigation Expert’s Testimony About a Missing Orifice Admitted
On January 21, 2021, a fire destroyed Jacqueline Flynn’s home located at 7618 Craig Court in Orlando, Florida. The Plaintiff purchased a Thermacell Patio Shield on the day of the fire. Since the Patio Shield was the only energized device in use on the balcony at the time of the fire, the Plaintiff filed her…
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Ski Safety Expert’s Causation Testimony Excluded
This case arises from 13-year-old Jake Kaminski’s death from a ski accident at the Christmas Mountain Village resort in March 2023. Melissa Kaminski, who is Jake’s mother, and his sisters Mikayla and Jordan brought claims against the owner of Christmas Mountain, BlueGreen Vacations Unlimited, Inc. The Kaminskis contended that Jake’s death was caused by Christmas…
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Rehabilitation Expert’s Employability Report Partly Admitted
Plaintiff Jean-Claude Franchitti brought retaliation claims against his former employers, Defendants Cognizant Technology Solutions Corp. and Cognizant Technology Solutions U.S. Corporation. More specifically, Franchitti alleged that Cognizant terminated his employment because he spoke out against the company’s unlawful efforts to eliminate experienced non-Indian employees in its workforce, questioned the legality of fraudulent visa applications the…
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Intelligence Research Expert’s Belated Report Admitted
A grand jury charged Defendants Chariece Chew and Kathryn Coe with engaging in the straw purchase of firearms and making false statements in the acquisition of firearms. Also, the grand jury charged Chew with two counts of being a felon in possession of firearms. The Final Pretrial and Trial Order set June 13, 2025 as…
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Insurance Expert Permitted to Testify Despite Lacking Specific Certifications
Plaintiffs Diane Watts, Anthony Watts, and Adam Pizzitola (collectively, “Plaintiffs”) purchased car insurance policies from Defendants Liberty Mutual Personal Insurance Company. In relevant part, the policies contained an Optional Transportation Expenses Coverage endorsement which provided that, in the event of an accident, LMPIC would pay the expense of a rental vehicle while repairs were performed…
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Medical Expert Cleared to Testify on Treatment in Medicaid Case
The case arose from the use and reimbursement of the drug NovoSeven, which was prescribed to ten Washington Medicaid patients with severe Hemophilia A and inhibitors to Factor VIII. Some used the drug in high doses or for off-label prophylactic treatment. Washington Medicaid reimbursed these prescriptions during the relevant period. NNI retained Dr. Michael Tarantino as an expert witness.…
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Business Valuation Expert’s Testimony on Physicians’ Compensation Admitted
Plaintiff State of Washington alleged that Novo Nordisk Inc. (“NNI”) caused physicians to prescribe its drug, NovoSeven®, to Washington hemophilia patients by: (1) promoting it “off-label” for prophylaxis and “high dose” use; (2) paying kickbacks to physicians; and (3) paying bribes to patients, all of which rendered claims to Medicare and Washington Medicaid false. The…
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Maritime Expert’s Testimony Admitted Despite the Possible Existence of an Alleged Information Gap
This maritime case stems from a collision between two vessels in the Fort Myers Yacht Basin during Hurricane Ian. The vessel Madame Musique became loose from its mooring and struck Knot Speed, which was secured to the adjacent dock. Madam Musique’s owner—Petitioner Randal Toca—sought “exoneration from liability” under the Shipowner’s Limitation of Liability Act. Knot…
