Category: Expert Challenges
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Pain Management Expert Was Allowed to Opine on the Reasonable Value of Medical Expenses
Plaintiff Armen Avoyan brought this action against the United States alleging negligence under the Federal Tort Claims Act (“FTCA”), arising out of a motor vehicle accident between the Plaintiff and a United States Postal Service employee, Azad Hovhannesian. The government, however, sought to exclude the testimony of Plaintiff’s expert, Dr. Lawrence R. Miller, as to the…
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Pathology Expert’s Emergency Care Opinions Excluded
Plaintiffs Lawrence Lieberman, Linda Lieberman, and the Estate of Myron Lieberman asserted claims for negligence and wrongful death against Defendant Target Corporation. This matter involves a slip-and-fall incident that occurred at a Target store on December 9, 2021. The man who fell, Myron Lieberman, fractured his hip in the fall. He was taken to the…
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Real Estate Expert’s Generalized Observations Excluded
Mohammed Zafaranchi is charged with conspiracy to commit wire fraud, wire fraud, money laundering, and destruction of records in a federal investigation. The indictment alleged that Zafaranchi operated a series of call centers that defrauded homeowners by charging them for mortgage modification services that were not as represented. Seeking a new trial, Defendant contended that…
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Legal Expert Was Barred From Testifying About the Use of Artificial Intelligence
Defendant, Goran Gogic, was charged in a multi-count indictment with crimes related to international narcotics trafficking, in violation of the Maritime Drug Law Enforcement Act (“MDLEA”). Subsequently, the parties filed several motions in limine concerning evidence of electronic communications that were purportedly seized and decrypted by European law enforcement. As explained in the parties’ briefs,…
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Expert Testimony on Attorney Fees Issues Excluded
Plaintiff C.B. alleged that Defendants Moreno Valley Unified School District and Superintendent Martinrex Kedziora (collectively “MVUSD” or “District”) cornered him on school grounds and tackled and handcuffed him on at least four separate occasions for exhibiting disability-related behavior. Plaintiffs move for attorneys’ fees as the prevailing party under 42 U.S.C. § 1988. Under 42 U.S.C.…
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Corrections Expert Barred From Testifying About Witness Credibility
Plaintiff Deoz Miller-Harris, formerly a detainee at the Onondaga County Justice Center (“OCJC”) alleged that the Defendants Onondaga County (the “County”) sheriff’s office employees Dustin Saddock, Ryan Whitmore, Anthony Tineo, Thomas Fodaro, Vedad Hujdur, and James Quigley (the “Individual Defendants”) violated his civil rights by using excessive force against him on September 16, 2021, and…
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Expert Testimony on Vessel Seaworthiness Deemed Relevant to Causation
Plaintiff River Assets, LLC, a company organized under the laws of Illinois, is in the business of operating barges that transport bulk materials. In January 2022, Plaintiff purchased a 33-year-old “spud barge,” model DM-110. River Assets and the DM 110 were insured under a Hull policy through U.S. Specialty Insurance Company (“USSIC”) through Continental Underwriters…
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Engineering Expert’s Theory of Damages Excluded
Plaintiff Leflore County Board of Supervisors filed suit against Meritor over a state-approved waste disposal that occurred almost two decades ago. In 2006, Meritor’s predecessor, ArvinMeritor, sent some waste to Plaintiff’s landfill (the “Landfill”) as part of a state-approved cleanup of the Moose Lodge Road Disposal Area (“MLRDA”). And now, almost two decades later,Plaintiff claimed…
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Economics Expert’s Testimony on Operating System Failures Excluded
It all started when the Plaintiffs, Lance and Kevin McCulloch, purchased Chandler Gas and Store on May 27, 2021. They alleged that the Marathon’s mandated point-of-sale, back-office management system, and computer system (collectively, the “Required Operations System’), which controlled both the gas pumps and registers in the C-store, frequently malfunctioned. The Plaintiffs claimed that they…
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Law Enforcement Expert’s Testimony on Reasonable Suspicion Excluded
Plaintiff Shelby Ross asserted a Fourth Amendment unreasonable search and seizure claim against Defendant Jeremy Finney. In addition, Plaintiff asserted state law claims of assault and battery against Finney. Against Tipton County, Plaintiff averred “negligent failure to protect”/“negligent failure to prevent” claims under Tennessee law. Ross hired Roy G. Taylor as an expert witness in…
