Tag: Damages
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Court Approves of Economics Expert Witness’ Ex Ante Approach to Damages Calculation
Plaintiffs are a group of current and former KCS employees working as conductors and engineers, collectively referred to as Train, Engine & Yard (“TE&Y”) employees by the parties. They alleged an FMLA (Family and Medical Leave Act) discrimination claim based on KCS’s practice of placing on-call employees at the bottom of job boards (i.e., at…
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Trust and Estate Expert Witness’ Copilot-Generated Damage Estimate Rejected
Michael S. Weber (hereinafter the “Decedent”) died a resident of Saratoga County on December 7, 2003. He included rental property worth $485,000 in a trust for the deceased man’s son. The deceased man’s sister was responsible for executing the trust. The Court is supposed to assess if the executrix and trustee—the deceased man’s sister—breached her fiduciary…
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Industrial Hygiene Expert Witness’ Testimony Regarding the Mitigation Performed Admitted
Plaintiff, MacNair, owned the immovable property located at 526-528 Belleville Street, New Orleans, Louisiana 70114 which she insured through Chubb. MacNair lived on one side of her home and rented out the other side. On August 29, 2021, Hurricane Ida caused severe damage to MacNair’s property including the roof, all elevations and all rooms in…
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Construction Expert Witness Used Objective Grounds to Come to his Conclusions
VEC, Inc. accused Joyce Electrical Inc. and Hudson Insurance Co. of breaching a building contract between the parties, after Williams Field Service Company LLC awarded VEC a contract to build an electrical substation and distribution line. After soliciting bids for subcontractors to do the electrical work on the project, VEC hired Joyce. Joyce eventually fell…
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Proposed Expert Witnesses Barred from Evaluating Psychological and Economic Damages
Domski filed this lawsuit on August 11, 2023, alleging that she was wrongfully terminated from her employment by defendant Blue Cross Blue Shield of Michigan after she refused to comply with the company’s COVID-19 vaccination policy. Domski worked for Blue Cross Blue Shield from March 10, 2008 until her termination on January 5, 2022, most…
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Vocational Rehabilitation Expert Witness’ Testimony Admitted Because he used Data from Industry-Specific Sources
This is an action for Jones Act negligence, unseaworthiness and unpaid maintenance and cure brought by Eric Ward. On or about December 13, 2021, Ward joined the Yacht as the Electro Technical Officer as part of the Yacht’s engineering department in Miami Beach, Florida at a private residence. On night of December 23, 2021, the…
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Building and Construction Expert Witness’ Hurricane Damage Assessment Does Not Warrant Exclusion
It all started when Hurricanes Laura and Delta inflicted significant damage on Plaintiffs’ rental property on August 27, 2020, and October 9, 2020, respectively. Southern Fidelity Insurance Company (SFIC) insured the property at the time of the damage. However, SFIC subsequently declared bankruptcy, and the Louisiana Insurance Guaranty Association (“LIGA”) has since been substituted as…
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Fraud Examination Expert Witness’ Testimony About the Effect of Misappropriated Trade Secrets Excluded
This case stems from a trade secret dispute between University of Mississippi Medical Center (“UMMC”) and Defendant Dr. Spencer Sullivan, a former employee of UMMC. The Court has resolved the issue of liability through its Order granting default judgment in favor of Plaintiff. The injury pleaded by UMMC is the loss of certain specific former…
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Economics Expert Witness’ Testimony About Hedonic Damages Limited
Plaintiff, Raul Rodriguez brought this suit to recover for personal injuries sustained by Plaintiff as a result of an accident which occurred on February 22, 2021 in Jal County, New Mexico on a well owned and operated by Defendant, Kaiser-Francis Oil Company. Rodriguez was an independent contractor attempting to open a ball valve on a…
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Insurance Coverage Expert Witness Not Allowed to Opine on the Specific Costs He Identified in his Estimate
In March 2019, Zeqa, the Plaintiff bought a two-story home on 3 acres in Lincoln Park, New Jersey, for $310,000. Before the purchase, an inspection revealed pre-existing water damage, which remained unaddressed after Zeqa took ownership. Hanover, the Defendant insured the property under a homeowner’s policy, covering the dwelling, personal property, and living expenses, with…
