Tag: Damages
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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…
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Accident Reconstruction Expert Barred From Testifying Due to Surprise Opinions
Elmedin Tinjak has been a life-long cyclist. On June 20, 2020, the carbon fiber fork of his brand-new Bianchi bicycle failed, causing him to crash face-first on the pavement. Tinjak was taken to Riverside Methodist Hospital, where he was treated for a concussion, chest contusions, a fractured vertebra, and multiple complex facial lacerations. The injuries…
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Accounting Expert Witness’ Testimony is Not Relevant to Any Claim for Damages
Defendants Dahv Kliner and Roger Farrow were former employees of JDS Uniphase, Plaintiff Lumentum’s predecessor. They had signed an “Employee Proprietary Information and Inventions Agreement” with the company which prohibited them from disclosing JDS Uniphase’s proprietary information to anyone outside the company. Kliner and Farrow left JDS Uniphase in 2012 and 2013, respectively, to join…
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Economics Expert Witness’ Opinions of the Purported Economic Loss of Each Plaintiff Admitted
This case arises out of Plaintiffs’ employment with McKesson and their allegation that McKesson discriminated and retaliated against them by denying them religious accommodations to McKesson’s COVID-19 Vaccination Protocol and terminating their employment. Plaintiffs sought damages which, including lost wages, in the form of back pay and front pay, and fringe benefits. Plaintiffs retained Larry…
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Business Valuation Expert Witness’ Opinion as to the Gross Profit Margin of a Resale Transaction Admitted
In March 2021, United States Department of Health and Human Services (“DHHS”) awarded Airboss Defense Group (“ADG”) a contract to supply 18,200,000 boxes of nitrile gloves by March 15, 2022. Under the contract, the government would pay ADG $12.98 per box of gloves and transportation costs of $2.85 per box. The total contract price was $288,106,000. …
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Economics Expert Witness’ Conclusions Regarding Lost Profits Damages Admitted
In this action, the Frazier Parties alleged that the Eagle Air Parties lacked probable cause to sue them for defamation and other similar claims in an underlying lawsuit that concluded in 2020 (the “Underlying Action”). The Frazier Parties claimed that the Underlying Action damaged Sentinel’s existing or prospective client relationships, resulting in lost profits of…
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Testimony of Economics Expert Witness Excluded Because of his Inability To Produce a Coherent Model
Plaintiffs brought an antitrust lawsuit against Defendants, asserting that Defendants entered a set of agreements with each other and their broadcast partners that suppressed the output of telecasts of out-of-market professional football games, resulting in higher prices for Sunday Ticket. Since Judge Philip Gutierrez decided the opinions provided by the Plaintiffs’ expert witnesses regarding financial…
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Economics Expert Witness Employs a “Before and After” Methodology to Quantify Plaintiff’s Damages
This action arises out of an alleged October 22, 2016 arrest and subsequent criminal prosecution of Plaintiff, which concluded with Plaintiff’s conviction for misdemeanor battery upon Officer Ermeri. On October 20, 2020, Plaintiff Richard John Lucibella (“Lucibella”) filed a nine-count complaint in state court against Officer Richard Ermeri (“Ermeri”), Officer Savino (“Savino”), and the Town…
