Tag: Consumer
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Technology Expert Witness’ Analysis of Call Detail Records Admitted
This case concerns Defendant’s alleged transmission of illegal robocalls. Plaintiff, Office of the Attorney General, State of Florida, Department ofLegal Affairs brought this action pursuant to the Telemarketing andConsumer Fraud and Abuse Prevention Act. Apparently, Smartbiz courtsrobocaller customers by allowing them to place a high volume of calls in quicksuccession, billing only for the duration…
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Court Limited Marketing Expert Witness’ Testimony Based on Surveys Focusing on Products and Intellectual Properties
Plaintiff, Hawaii Foodservice Alliance alleged that Defendant Meadow Gold Dairies Hawaii, LLC (“MGDH”) used phrasing and imagery suggesting that the Meadow Gold brand products are sourced in Hawai`i, and these activities are misleading and deceptive because the Meadow Gold products contain milk and other products that are imported from the continental United States. Defendants Hollandia…
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Market Research Expert Witness’ Testimony Deemed Admissible Because of His Experience Conducting Surveys
Plaintiff, Wheel Pros, LLC and Defendants, Rhino Tire USA, LLC are engaged in the business of selling wheels and tires for vehicles and each owns trademarks in its respective brand. Wheel Pros owns various trademarks related to its “Black Rhino” brand and Rhino Tire own trademarks for their “Rhino” brand. Plaintiff brought this action against…
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Product Safety Expert Witness’ Testimony Admitted Despite Alleged Lack of Familiarity with Tree Stands
Plaintiff, James Rowedder alleged a Field & Stream Stealth Climber Tree stand HEH01293 (“tree stand”) manufactured by Defendant Primal Vantage Company, Inc. (“Primal”) and sold by Defendant Dick’s Sporting Goods, Inc. d/b/a Field & Stream failed while Rowedder was using it and that he sustained injuries as a result. Plaintiff brought claims for (1) Negligence—Product Defect;…
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Credit Reporting Expert Witness’ Testimony about Difficulties Resulting from Misreporting on a Credit Report Limited
Plaintiff, Jamaal Nelson applied for housing with Younger Developments in Texas around February 2023. He alleged he was denied housing on February 7, 2023 because Defendant’s consumer credit report reported Plaintiff as “Deceased” on a Capital One tradeline and this happened because Defendant failed to investigate the alleged inaccuracy. He added that due to his being…
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Court Bars Intellectual Property Expert Witness for Opining on Straightforward Matters of Law
A district judge in New York held that the report of a intellectual property expert witness spoke to straightforward areas of the law where juries did not require assistance. Plaintiff Medical Depot, Inc. and Defendant Med Way US, Inc. are both manufacturers of medical products, including specially designed medical air mattresses. Medical Depot, Inc. began selling various air…
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Economics Expert Witness’ Testimony Based on Well-Tested Methods for Establishing Classwide Damages Admitted
A district judge in California refused to exclude the testimony of an expert economist despite objections raised against his methods for establishing classwide damages. The expert economist had adequately explained why his damages analysis would provide an accurate and common method to prove classwide damages. The Plaintiff contended that the Defendant Williams-Sonoma, Inc., and its…
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Evidentiary Standard of Reliability is lower than the merits standard of correctness;Court admits the testimony of Human Factors Expert Witness regarding the adequacy of the product’s warning labels in this failure-to-warn suit
In a products liability action, Plaintiffs Timothy and Jean Moore filed a failure-to-warn lawsuit against Defendant Combe Inc., the manufacturer of the Just For Men brand of hair dye products. The Moores alleged that Combe knew or should have known that their products could cause vitiligo and/or skin depigmentation but failed to adequately warn users…
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Court limits testimony of Marketing Expert Witness citing lack of experience analyzing consumer confusion from either a legal or marketing perspective in trademark infringement suit
In the case involving Plaintiff Blue Bottle Coffee, LLC and Defendants Southern Technologies, LLC and Hui Chuan Liao, the Plaintiff, a coffee business, filed a lawsuit in August 2021 and an amended complaint in November 2021. The dispute centered on alleged trademark infringement and unfair competition claims. The Plaintiff held multiple registered trademarks, including two…
