Category: Expert Challenges
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Economics Expert’s Testimony on Lost Earning Potential Admitted
On May 22, 2021, Keith Anderson (“Anderson”) and Lorena McCaigue (“McCaigue”) (“Plaintiffs”) brought this action against Pasadena Police Chief John E. Perez (“Perez”) and the City of Pasadena (“City”). The action arises out of Defendants’ alleged retaliation against Plaintiffs in response to the following actions: (1) bringing a civil action against the City of Pasadena…
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Education Expert’s Testimony on School Procedures Excluded
Haverford School identified concerns with a student James’ behavior and asked his parents to withdraw him from the school mid-year. While James’ parents, the Does, acknowledged their son’s behavioral issues, they nevertheless disputed the school’s narrative of his behavior during that period. They concluded that the school asked for James’ withdrawal because he reported racial…
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Psychology Expert’s Opinion on Social-Media-Facilitated Sex Trafficking Admitted
This case arises under the Trafficking Victims Protection Reauthorization Act (TVPRA), which provides victims of sex trafficking a civil remedy against the perpetrators and beneficiaries of their trafficking. Plaintiff Doe (C.L.F.) filed this action to recover for alleged harm she experienced from being trafficked at a Motel 6 in Wichita, Kansas, that she claims was…
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Industrial Hygiene Expert’s Testimony on Increased Exposure to PCBs Admitted
Plaintiffs Josepha Austin, Robin Cruz, Gordana Pobric, and Jennifer Haselman brought this action claiming physical, cognitive, and emotional harm resulting from their exposure to polychlorinated biphenyls (“PCBs”). Defendants Monsanto Company, Bayer CropScience, L.P., Solutia, Inc., and Pharmacia L.L.C. (collectively “Monsanto”) filed a motion to exclude the testimony of Kevin Coghlan. Plaintiffs intended to call Coghlan…
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Social Work Expert’s Testimony on Gender Identity Admitted
Plaintiffs Elizabeth Mirabelli, Lori Ann West, and others brought this action on behalf of themselves and a putative class challenging school district policies regarding the social transition of students who identify as transgender. The central dispute concerns whether California’s public school teachers and staff may notify parents when a student uses a different name or…
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Law Enforcement Expert’s Testimony on the Use of Soft-Empty-Hand Control Limited
Plaintiff Jeffrey Fulkerson accused Deputy Keegan Kirkpatrick of the Nelson County Sheriff’s Office (“NCSO”) of using excessive force during his arrest. Defendants retained Brian S. Batterton as a “police practices expert.” Batterton’s report contains three opinions: “(1) Based upon the facts and reasons contained Paragraphs 25 through 41 . . . a reasonable and well-trained…
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Forensic Pathology Expert Was Not Allowed to Opine on the Cause of the Accident
This lawsuit arose out of the death of Vincent McKinney on April 15, 2021, at a U-Haul construction site. Plaintiff disclosed Wayne K. Ross, M.D., P.C., a forensic pathologist as an expert witness. Plaintiff retained Ross “to determine the cause and manner of death and to assess for conscious pain and suffering.” Defendant filed a motion…
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Construction Expert’s Opinion Regarding the Siding Replacement Excluded
Tim Waldorf sued State Farm Fire and Casualty Company for breach of contract and bad faith stemming from State Farm’s denial of insurance coverage for damages allegedly caused to Waldorf’s residence following a hailstorm. State Farm filed a motion to strike the testimony of Aaron Brookens, one of Waldorf’s expert witnesses. Construction Expert Witness Aaron…
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Radiology Expert’s Appropriateness of Treatment Opinions Admitted
Plaintiff Sabrina Solomon was involved in a motor vehicle accident (“MVA”) in April 2021 that left her with “a permanent injury to the body as a whole” leading to this underinsured motorist benefits and loss of consortium case. One of Defendant’s expert witnesses, Dr. Richard A. Ofstein, emphasized that Plaintiff Sabrina Solomon’s brain imaging was…
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Burns Expert’s Testimony on Conscious Pain Admitted
Defendants owned and managed an apartment complex called The Trails at Flat Rock in Columbus, Georgia. In October of 2022, a fire occurred in Building A of the apartment complex. Kevin Ford, who was staying in unit A-24 with tenant Anthony Thorpe, died in the fire. Plaintiff, the administrator of Ford’s estate, asserted negligence claims…
