Category: Expert Challenges
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Civil Engineering Expert Did Not Rely on “Homemade Theories”
Carleton Shockman’s property was allegedly damage by an April 2021 hailstorm. After inspecting the property, State Farm found no storm-related damage and denied coverage. Shockman invoked the policy’s appraisal process, which resulted in an award of $61,778.97, but State Farm still denied coverage. Finally, Shockman sued State Farm, asserting claims for breach of contract, violations of…
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Vocational Rehabilitation Expert is Qualified to Serve as an Expert on the ADA and Loss of Earnings
It all started when Plaintiff, Maurice Young (“Young”), was employed by Defendant, Jabil, Inc. (“Jabil”) in the role of Machine Operator I (“Operator”). It should be noted that Young suffers from osteoarthritis in his hips which limits his ability to stand, sit, and walk. Young asked for a new accommodation, applying for the Engineering Technician…
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Epidemiology Expert’s Testimony With Regard to the Anti-Vaccine Movement Excluded
Board of Education of the City of St. Louis, through Superintendent Kelvin Adams and Chief Human Resources Officer Charles Burton, imposed a vaccination mandate on its employees. Despite inviting requests for religious exemptions (and received nearly 200 of them), it denied every single one of them. As a result, many of the employees brought this suit…
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Construction Expert Conducted his own Inspections Before Signing the Estimate
Plaintiffs, Monterrey’s Grill Inc. filed suit against the Defendant, Axis Surplus Insurance Company, alleging that the Defendant breached its obligations under the insurance policy by not paying a claim for hurricane damage to Plaintiff’s commercial building. During discovery, Plaintiff disclosed Emory “Les” Covan as its damages expert and produced a 44-page replacement cost value estimate signed by…
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Banking Expert’s Opinions Regarding the Card Processing Industry Admitted
This action is about holding Chargebacks911 (“CB911”), its CEO (Monica Eaton) and its former CEO (Gary Cardone) accountable for their roles in keeping a massive online Keto diet pill scam (the “Keto Racket”) profitable, viable, and undetected while it victimized Plaintiffs and tens of thousands of other consumers across the country. Defendants filed a motion…
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Mechanical Engineering Expert is Qualified Despite His Lack of Familiarity with Gaming Machines
Plaintiff Mark Sabti, a Slot Technician at Greektown Casino, brought this products liability action against Interblock USA, the manufacturer of the Universal Cabinet Craps machine. Sabti alleged design defects and a breach of implied warranty of fitness by the Defendant after the machine’s gas springs failed. The hood of the machine fell and injured his…
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Epidemiology Expert’s Opinions about the Risk of Breakthrough Infections Excluded
Washington Governor Jay Inslee issued Proclamation 21-14 (“the Proclamation”), which required state employees to be fully vaccinated by October 18, 2021, to continue employment with the state. The Proclamation carved out an exception to the vaccination requirement for employees who were entitled to disability related accommodations or accommodations related to a sincerely held religious belief under…
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Psychology Expert’s Testimony on the Grave Risk of Harm Admitted
Petitioner brought this action under the 1980 Hague Convention and the International Child Abduction Remedies Act, seeking the return of his minor child, S.A.M., to Switzerland. He alleged that Respondent wrongfully removed the child to Missouri in April 2025 without his consent and was unlawfully retaining custody. Asserting joint custody rights, Petitioner identified Switzerland as…
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Family Medicine Expert Allowed to Testify Despite Her Lack of Experience in the Correctional Medical Context
This litigation revolves around medical care, and the alleged lack thereof, provided to Plaintiff Peter George Noe between fall 2020 and late 2022, while incarcerated at the United States Penitentiary ADMAX in Florence, Colorado. Defendant filed a motion to exclude the testimony of Plaintiff’s retained expert, Dr. Kimberly A. Cullen, MD, arguing that Cullen does…
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Marketing Expert’s Consumer Confusion Survey Admitted
Plaintiff Alfwear, Inc. (“Alfwear”) is an outdoor clothing company that sells products under the KÜHL mark. Ibkul is a clothing company specializing in athleisure wear. In November 2021, Alfwear initiated this lawsuit against Ibkul, alleging trademark infringement, unfair competition, and dilution. Alfwear, Inc. has alleged that the sales of apparel using the IBKÜL trademark infringed Plaintiff’s…