Tag: Damages
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Recreational Vehicle Expert’s Cost-of-Repair Opinion Admitted
Naomi and Christopher Pershing (and their revocable Pecan Trust) sought compensation from Nexus RVs, LLC and Navistar, Inc. for their recreational vehicle, which they called defective. Nexus offered Thomas Fribley as an opinion witness. On March 14, 2025, the Pershings filed a motion to exclude an opinion from Fribley under Federal Rule of Evidence 702…
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Accounting Expert’s Price Erosion Damages Opinion Admitted
Plaintiffs Syntel Sterling Best Shores Mauritius Limited, and Syntel, Inc., (collectively, “Syntel”) initiated this action against The TriZetto Group, Inc. (“TriZetto”) and Cognizant Technology Solutions Corp. (“Cognizant,” and, collectively, “Defendants”), alleging breach of contract, intentional interference with contractual relations, and misappropriation of confidential information. Syntel filed a motion to exclude the price erosion damages opinion…
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Economics Expert’s Testimony About Tivity’s Stock Price Drop Excluded
This securities fraud putative class action is based on allegations that Tivity, a publicly traded company, as well as various high-ranking executives, made false or misleading statements and omissions, and had a scheme to defraud investors regarding, facts material to both: the purported success of Tivity’s acquisition of Nutrisystem, Inc. (“Nutrisystem”) in Q1 of 2019…
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Financial Expert’s Opinions on Value Added Promotions Admitted
This action is about holding Chargebacks911 (“CB911”), its CEO (Monica Eaton) and its former CEO (Gary Cardone) accountable for their roles in keeping a massive online Keto diet pill scam (the “Keto Racket”) profitable, viable, and undetected while it victimized Plaintiffs and tens of thousands of other consumers across the country. Troy Carrothers is Defendants’…
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Medical Billing Expert’s Testimony Regarding the Reasonable Value of the Medical Treatment Admitted
This case arises from a traffic accident that occurred on December 21, 2022 at an intersection on U.S. Highway 98, involving an 18-wheeler and a Ford F-150 pickup truck. Cameron Thompson and his son, J.C., brought this action seeking damages, which included, among other things, past medical expenses for injuries sustained in the accident. Defendants…
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Construction Expert Conducted his own Inspections Before Signing the Estimate
Plaintiffs, Monterrey’s Grill Inc. filed suit against the Defendant, Axis Surplus Insurance Company, alleging that the Defendant breached its obligations under the insurance policy by not paying a claim for hurricane damage to Plaintiff’s commercial building. During discovery, Plaintiff disclosed Emory “Les” Covan as its damages expert and produced a 44-page replacement cost value estimate signed by…
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Banking Expert’s Opinions Regarding the Card Processing Industry Admitted
This action is about holding Chargebacks911 (“CB911”), its CEO (Monica Eaton) and its former CEO (Gary Cardone) accountable for their roles in keeping a massive online Keto diet pill scam (the “Keto Racket”) profitable, viable, and undetected while it victimized Plaintiffs and tens of thousands of other consumers across the country. Defendants filed a motion…
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Accounting Expert’s Opinion Concerning Labor Costs Excluded
This case arises out of Delta’s delayed donut wrapping system. In late 2021, Bon Appetit Danish, Inc. and Bon Appetit Specialty Snacks, LLC (collectively, “Bon Appetit”) and Delta Systems and Automation, LLC’s (“Delta”) entered into a set of three contracts for Delta to manufacture packaging systems for Bon Appetit’s baked goods. But the donut packaging…
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Economic Damages Expert’s Reliance on Medical Opinions is Appropriate
This case stems from a vehicle collision that happened in July 2022 in Gallup, New Mexico. The Plaintiff, Jimmy Woodall claimed the crash caused severe and disabling injuries, including physical and emotional pain, permanent impairment, and reduced enjoyment of life. He sought compensation for medical costs, lost wages, and long-term care. Woodall retained an expert, Mr. Justin…
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Life Care Planning Expert’s Testimony on Future Medical Care Needs Admitted
A July 2022 vehicle collision in Gallup, New Mexico, triggered a lawsuit claiming severe injuries. Plaintiff Jimmy Woodall claimed that DefendantCurt Moeller made an “unsafe lane change,” forcing his tractor-trailer into a guardrail. Woodall alleged that the crash caused him “severe and disabling injuries.” Woodall sued the Defendants, demanding medical expenses along with damages for…
