Category: Expert Challenges
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Expert Testimony on Legal Ethics Excluded
Robert I. Toussie alleged that he and his brother Michael entered into an agreement (the “Participation Agreement”) with Coastal Development, LLC (“Coastal”), an entity run by Richard Fields in 2000 to finance the development of casinos in Florida. However, Coastal/Fields promptly, and repeatedly, breached the terms of the Participation Agreement by not paying the Toussies…
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Accounting Expert’s Testimony on Overhead Costs Excluded
This case arises from a contract between The Bama Companies, Inc., a manufacturer of baked goods, and Stahlbush Island Farms, Inc., a farmer and food processor, for the purchase of approximately 130,710 pounds of berries for a mixed berry and lemon cream pie Bama would supply for McDonald’s restaurants. Bama claimed that it was forced…
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Wage and Hour Expert’s Testimony on Rounded Minutes Admitted
Jennmar manufactures and assembles products for use in agricultural, construction, energy, and mining industries, with locations across the United States. The Plaintiffs are current and former hourly employees of Jennmar. The Plaintiffs alleged that Jennmar failed to pay employees wages and overtime in violation of federal and state law. Specifically, the Plaintiffs alleged that Jennmar’s fifteen-minute…
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Accident Reconstruction Expert’s Testimony on Human Factors Excluded
This case arises from a fatal automobile accident that occurred on September 22, 2017. Blake Haddox was traveling southbound on a motorcycle as Defendant Nicholas Roshon Moore drove a semi-truck in a northbound lane and turned left across traffic. The two collided, and Haddox died as a result. Plaintiffs planned to present the testimony and opinions of…
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Accounting Expert’s Opinions on Lost Profits Admitted
Plaintiffs Hadek Protective Systems B.V. and Hadek Protective Systems, Inc. (collectively “Hadek”) asserted in this action that Defendant Ergon Asphalt & Emulsions, Inc. (“Ergon”) breached a Master Agreement between the parties regarding the sale and distribution of PENNGUARD® Block Lining System Products made by Ergon (the “Master Agreement”). By its choice, Hadek’s sales were limited to PENNGUARD®…
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Marketing Expert’s Testimony Excluded Due to His Inherent Bias
Plaintiff Grasshopper Gardens, Inc., a lawncare and landscaping services provider, accused PMA Mechanical LLC, a heating, ventilation, and air conditioning (“HVAC”) service provider, of trademark infringement, unfair competition, and false designation of origin. Plaintiff retained Dr. Eli Seggev to conduct a survey on the likelihood of confusion between the marks at issue in this case…
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Psychology Expert Allowed to Opine on the Causes and Effects of Sexual Harassment
Raeshon Strickland filed a lawsuit against Associated Foods Stores, Inc., alleging that she was subjected to sexual harassment and a hostile, intimidating, and offensive work environment. Strickland further contended that she experienced retaliation after opposing or reporting the misconduct. Defendant filed a motion to exclude part of the expert report prepared by Plaintiff’s expert, Dr.…
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Expert Testimony on Driver Hiring and Retention Practices Admitted
In July 2019, Plaintiff Amy Kessler was driving her car on Interstate 90 when she was rear-ended by a semitruck owned by Defendant McFarland Truck Lines, Inc. that, at the time, was being operated by Defendant Archie Gross within the scope of his employment with McFarland. As a result of the injuries she sustained in…
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Toxicology Expert’s Testimony on Hair Follicle Testing Admitted
Plaintiff Darius Danzy filed this suit against CSX Transportation Inc. in this action under Title VII of the Civil Rights Act of 1964, as amended (“Title VII”) alleging “unlawful employment practices on the basis of race.” Plaintiff’s claims arise out of a pre-employment drug-screening that Defendant administered to Plaintiff through third party drug testing companies,…
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Consumer Credit Expert’s Opinion on Damages Limited
This matter arises out of Plaintiff Tyler Oatway’s July 2023 ill-fated attempt to purchase a car from used car dealer Definitive Motors. Definitive Motors obtained Oatway’s credit reports from the three major credit reporting agencies (“CRAs”) through Defendant 700 Credit, LLC, which is a reseller of consumer information. According to Oatway, 700 Credit and Experian Information…
