Category: Expert Challenges
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Psychology Expert Witness’ Testimony on Plaintiff’s Suicidal Ideation Admitted
Plaintiff was raped in September 2018, when she was a student at Louisiana Tech University. Her attacker—known to her only as “Daniel”—was also a Tech student, having recently transferred from University of Louisiana Lafayette (“UL Lafayette ). At the time, Plaintiff did not know that “Daniel” was a sexual predator who had been reported for…
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Life Care Planning Expert Witness Allowed to Testify Despite Her Limited Experience with Pediatric Patients
On July 29, 2022, a minor, Kamila, represented by her mother Keila Robles Figueroa (“Plaintiff” or “Robles”), filed a medical malpractice lawsuit against Dr. Juan C. Castañer (“Castañer”), Presbyterian Community Hospital, Inc. (“the Hospital”) and the Hospital Pediátrico Universitario (collectively “Defendants”). The allegations of negligence in this lawsuit are centered on the medical care providers’ treatment…
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Biomechanical Engineering Expert Witness’ Opinion Supported by Industry-Approved Methods
On November 6, 2022, the Plaintiff, Jean Joyce Lejeune, was driving a 2021 Toyota Camry westbound on I-10. The Plaintiff alleged that while she was traveling, an 18-wheeler switched lanes and collided with her vehicle. The parties disputed which vehicle deviated from its respective lane. The Defendant, Moses Nganga Rugu, was the driver of the…
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Ski Safety Expert Witness is Not Qualified to Opine on the Ultimate Mechanism of Injury
This case involves a ski collision that occurred on March 19, 2023, involving Plaintiff, Tasha Barber and Defendant, Christine Mack that occurred at Aspen Highlands Ski Resort. The Plaintiff alleged that the Defendant was skiing uphill of her and had the primary duty to avoid colliding with the Plaintiff. As a result, the Plaintiff sought…
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Neonatology Expert Witness Not Allowed to Opine on Autism
On July 29, 2022, a minor, Kamila, represented by her mother Keila Robles Figueroa (“Plaintiff” or “Robles”), filed a medical malpractice lawsuit against Dr. Juan C. Castañer (“Castañer”), Presbyterian Community Hospital, Inc. (“the Hospital”) and the Hospital Pediátrico Universitario (collectively “Defendants”). The allegations of negligence in this lawsuit are centered on the medical care providers’ treatment…
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Economics Expert Witness’ Opinions Cannot be the Basis for Finding Antitrust Injury
In this antitrust action, separate Plaintiff groups of users and advertisers sued Meta Platforms, Inc. (Meta), for alleged anticompetitive conduct under the Sherman Act and California state law in connection with the Facebook social-networking app. The user group, headlined by named Plaintiffs Maximilian Klein, Sarah Grabert, and Rachel Banks Kupcho, alleged that Meta illegally acquired and…
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Maritime Safety Expert Witness’ Opinion on Unseaworthiness Excluded
Plaintiff Brandeon Alexander (“Alexander”), a deckhand employed by Defendant Intracoastal Tug and Barge Company, LLC (“Intracoastal”), sustained serious injuries while working aboard the M/V California Chrome. As Alexander was reaching for a line on a piling, Alexander’s arm was crushed between the barge and the piling. Captain Paul Smith (“Captain Smith”) was operating the barge,…
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Accident Reconstruction Expert Witness’ Testimony About the Driver’s Speed at the Time of the Collision Admitted
This lawsuit stems from a motor vehicle accident. The two-vehicle collision occurred around 12:12 P.M. on January 4, 2023 in the left northbound lane of U.S. Highway 45, a divided four lane highway. On the date and time in question, Plaintiff Kimberly Allcorn was driving a 2019 Kia Forte in the right lane of northbound traffic.…
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Mechanical Engineering Expert Witness’ Testimony Fits the Pertinent Causation Inquiry
This case arises from injuries Plaintiff Cherie Ferrell sustained on November 15, 2020 when she fell into a City of Atlanta water utility meter box. Ferrell alleged that the improperly secured water meter lid and the lack of “warning of the uneven pavement elevation change” caused her injuries. On the morning of November 15, 2020,…
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Accounting Expert Witness’ Testimony on Firing Personnel and Cutting Costs Post-Closing Admitted
Plaintiffs Weston D. McArtor (“McArtor”) and BEI Services, Inc. (“BEI Services”) (collectively, “Plaintiffs”), brought this civil action against the Defendants Valsoft Corporation Inc. (“Valsoft”) and Aspire USA, LLC dba Aspire Software (“Aspire”) (collectively, “Buyers” or Defendants”). This action involved the sale of Plaintiffs’ business, Nexera, to Defendants. Prior to the acquisition, Nexera was in the business of…