Tag: Calculate
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Vocational Evaluation Expert Allowed to Opine on Lost Earning Capacity
This litigation arises from Plaintiff Raymond Flanks’ (“Plaintiff”) wrongful conviction for first-degree murder in 1985. Plaintiff alleged that the Orleans Parish District Attorney’s Office (“OPDA”) secured his wrongful conviction in violation of his constitutional rights by withholding material exculpatory evidence. Brandy Bradley is a vocational evaluator retained by Plaintiff to estimate the earnings he lost…
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Economics Expert’s Updated Damages Calculations Admitted
Plaintiff Misty Blanchette Porter was previously employed as a physician in the Reproductive Endocrinology and Infertility (“REI”) Division within Dartmouth Health’s Department of Obstetrics and Gynecology (“OB/GYN”). After Dartmouth Health made the decision to shut down the REI Division entirely and to terminate all three physicians employed therein—including Porter—Porter filed suit against Dartmouth Health citing…
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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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Economics Expert’s Opinion on Copyright Damages Excluded
Plaintiff The Upper Deck Company (“Upper Deck”) sued its former contractor, Ryan Miller (“Miller”), and its competitor, Ravensburger North America Inc. (“Ravensburger”), for claims arising from the alleged copying of Upper Deck’s new trading card game (“TCG”), Rush of Ikorr. Miller filed motions to exclude Plaintiff’s expert witnesses Dr. Roberto J. Cavazos and Dr. Ian Bogost while…
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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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Financial Analysis Expert’s Testimony on Employee Compensation Admitted
This case arises from a contract dispute between Plaintiff Alorica Inc. and Defendant Tech Mahindra (Americas) Inc. concerning customer service outsourcing for AT&T. Defendant asserted that Plaintiff’s conduct caused damages, including employee time lost to negotiating an amendment, addressing issues from the alleged breach, and repairing Defendant’s AT&T relationship. To quantify these damages, Defendant retained…
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Economics Expert’s Testimony on Loss of Society Excluded
This is a medical negligence case filed by Plaintiff Tanya Soule, as holder of Power of Attorney for Marlene Do, her mother, a currently disabled adult, and Long Do, her husband. Specifically, Plaintiffs alleged that Defendants were negligent in failing to timely diagnose and manage Marelene’s ischemic stroke on December 11, 2019. Subsequently, Defendants Blessing…
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Forensic Accounting Expert Allowed to Testify Despite Lack of SQL Expertise
Plaintiff Pietoso, Inc. operates Café Napoli restaurant in Clayton, Missouri. It has a Service Agreement for waste removal from the restaurant with Defendant Allied Services, LLC—a subsidiary of Defendant Republic Services, Inc. The Service Agreement sets a basic-service rate of $323 per month, but it allows Allied to unilaterally increase this rate for certain enumerated…
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Marketing Expert’s Use of the Market Approach Methodology Affirmed
Plaintiff FireBlok IP Holdings LLC (“FireBlok”) sued Defendants Hilti, Inc. (“Hilti”) and RectorSeal LLC (“RectorSeal”) (together, “Defendants”) and asserted two separate causes of action under the Lanham Act, False Advertising and False Association, based upon Defendants’ use of the UL Certification mark and FM Approval mark on Hilti’s Firestop Box Insert. The Firestop Insert is…
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Court Upheld the Actuarial Expert’s Methodology for Calculating Damages
Plaintiffs Timothy Scott, Patricia Gilchrist, Karen Fisher, Helen Maldonado-Valtierra, Dan Koval, Judy D. Duff, John Griffin, Kenneth Rhodes, Judy Dougherty, John Kelly, Richard Walshon, Jennifer Fryer, and Vince Carabba alleged that Defendants AT&T Inc., the AT&T Defined Benefit Plan, and AT&T Services, Inc. (collectively AT&T) have violated the Employee Retirement Income Security Act of 1974…
