Tag: Admissible
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Economics Expert Witness Employs a “Before and After” Methodology to Quantify Plaintiff’s Damages
This action arises out of an alleged October 22, 2016 arrest and subsequent criminal prosecution of Plaintiff, which concluded with Plaintiff’s conviction for misdemeanor battery upon Officer Ermeri. On October 20, 2020, Plaintiff Richard John Lucibella (“Lucibella”) filed a nine-count complaint in state court against Officer Richard Ermeri (“Ermeri”), Officer Savino (“Savino”), and the Town…
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Marketing Expert Witness’ Testimony on Statutory Damages Rejected
Plaintiff Amy Lee Sullivan is suing Defendant Flora, Inc. for copyright infringement of 33 illustrations that she created for Flora as part of two advertising campaigns. Sullivan offered the testimony of a financial evaluation expert, Dennis Kleinheinz. Sullivan wanted to present Kleinheinz’s calculations on Flora’s profits but the Court reserved the ruling on Sullivan’s motion…
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Pain Management Expert Witness Found to Lack Expertise in the Drafting or Revision of CPT Codes
The Defendant, Laura Perryman, the founder and former CEO of Stimwave Technologies Incorporated and Stimwave LLC (together, “Stimwave”), was responsible for overseeing the design of the StimQ Peripheral Nerve Stimulation (“PNS”) System, a medical device (the “Device”) aimed at treating chronic pain by using electrical currents to target peripheral nerves, that is, the nerves outside…