Tag: Damages
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Accounting Expert Witness Reliably Concludes That There Is No Common Value Ascribed to Points Universally
Plaintiffs, Angelique L. Lingard and Sudarien D. Smith brought this proposed consumer class action on behalf of themselves and other military servicemembers who are similarly situated against Defendants Holiday Inn Club Vacations, Inc. f/k/a Orange Lake Country Club, Inc. (“HICV”) for alleged violations of the Military Lending Act. Plaintiffs and the proposed class members purchased…
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Insurance Adjuster Expert Witness Properly Justified the Inclusion of OSHA Compliance Costs
The present case involves an insurance coverage dispute between an East Texas church, Plaintiff Christian Heritage School c/o Youth With a Mission, and its insurance company, Central Mutual Insurance Company. Between May 1, 2020, to May 1, 2022, Defendant insured Plaintiff’s property, which consisted of a twenty-one building campus in Tyler, Texas. The dispute arises…
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Opinions of the Geology Expert Witness Regarding Copying of the Patented Technology Excluded
This case involves an alleged breach of a non-disclosure agreement (the NDA) and patent infringement stemming from the management, construction, and operation of a large lagoon in St. George, Utah (the Lagoon) by Defendants, Desert Color Manager, LLC, Desert Color St. George, LLC, and Pacific Aquascape International, Inc. Specifically, Plaintiffs Crystal Lagoons U.S. Corp. and…
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Insurance Adjuster Expert Witness’ Testimony Admitted Despite Methodological Deficiencies in Gathering Prices
Plaintiff Ram Krishana Inc., a Louisiana business owned by Mukesh and Kailash Zaveri, operated as Motel 6 (“Hotel Property”) at 2022 Ruth Street, Sulphur, Louisiana. ANK Holdings, LLC, a Louisiana limited liability company with the same Mukesh and Kailash Zaveri as its only members, owned a restaurant (“Restaurant Property”) at an adjoining address. Defendant Mt.…
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Accounting Expert Witness’ Disgorgement Analysis Using Full Absorption Method Admitted
Plaintiff Multiple Energy Technologies, LLC (“MET”) accused Under Armour of false advertising in relation to certain products that contain bioceramic powder. MET contended that Under Armour inaccurately claimed that the Federal Food and Drug Administration had determined that those products enhanced recovery. Under Armour sells activewear and sleepwear products directly to consumers. This includes the…
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Aquatics Expert Witness Barred From Opining On the Pool’s Design
Kyle and Annaleah Justice raised claims of negligence and strict liability against Defendants Bestway (USA), Inc. and Rural King under the Missouri Wrongful Death Statute. Plaintiffs’ claims arose from the drowning death of their minor daughter, E.M.J., in an above-ground pool on August 3, 2019. Plaintiffs designated Dianna Sullivan as an expert regard the impact…
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Economics Expert Witness Allowed to Opine on Educational Loss
Plaintiffs Jennifer Le Pape (“Mother”) and Frederic Le Pape (“Father”) (collectively, “Parents”), on behalf of their child, Alexandre Le Pape (“Alex”), and Alex, individually, (collectively, “Plaintiffs”) brought intentional discrimination claims against Defendant Lower Merion School District (the “District”), alleging that the District failed to take appropriate steps to ensure that communications with Alex were as…
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Accounting Expert Witness’ Testimony on Damages Admitted Because it Includes Independent Analysis
Plaintiff American Power, LLC (“AMP”) is a trucking-logistics company headquartered in Dayton, Ohio. According to the Complaint, Plaintiff invested in and loaned $450,000 to Defendant Dektrix LLC, a transportation-servicing company headquartered in Utah. The Complaint charges that the investment and loan were fraudulently obtained and ultimately worthless. Plaintiff sought to impose liability upon Dektrix and…
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Accounting Expert Witness’ Testimony Excluded Because He Makes No Effort to Distinguish Lost Profit Damages
It all started when GE and X-Ray contracted for the acquisition, sale and purchase of certain equipment and services required to outfit a nuclear radiopharmaceutical laboratory—the first of its kind in Jamaica. X-Ray later accused GE Entities of breaching their duties of care to X-Ray and breaching various components of the operative agreement– the International…
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Insurance Expert Witness’ Estimate Excluded Because Unknown Contractors Collected the Data
Plaintiffs Gregory Hebbler and Marion Hebbler contracted with Defendant State Farm Fire and Casualty Company to insure their home located at 6009 Angler Drive, Picayune, Mississippi. On August 29, 2021, Hurricane Ida made landfall, purportedly damaging the residence. When Defendant conducted an on-site inspection and estimated the monetary damage caused by Hurricane Ida, it issued…
