Tag: Daubert
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Biomaterials Expert Barred from Testifying About Corporate Knowledge and Intent
Connie Thacker is one of tens of thousands of individuals who have filed suit against Ethicon for injuries after treatment with Ethicon’s pelvic mesh devices. Plaintiff Connie Thacker filed a motion asking the Court to preclude defense expert Dr. Uwe Klinge from offering testimony on certain subjects. Biomaterial Expert Witness Dr. Uwe Klinge is a former abdominal…
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Maritime Expert’s Testimony Admitted Despite the Possible Existence of an Alleged Information Gap
This maritime case stems from a collision between two vessels in the Fort Myers Yacht Basin during Hurricane Ian. The vessel Madame Musique became loose from its mooring and struck Knot Speed, which was secured to the adjacent dock. Madam Musique’s owner—Petitioner Randal Toca—sought “exoneration from liability” under the Shipowner’s Limitation of Liability Act. Knot…
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Law Enforcement Expert’s Testimony on Sound Professional Standards Admitted
The Plaintiff, Hannibal Buress, is a well-known stand-up comedian who brought this case against two Miami Police Department (“MPD”) Officers, Luis Verne and Elio Villegas, and the City of Miami, for violations of his civil rights under both federal and Florida law based on an incident in the Wynwood area of Miami on December 9,…
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Ballistics Expert’s Opinion on the Cylinder Alignment Issue Excluded
This case arose from a firearm injury that occurred in late December 2022 at a cabin in upstate New York. Plaintiff Kenneth Pikoulas was test-firing his new Smith & Wesson Model 586 revolver when, after 29 successful rounds, he fired a 30th and felt something strike his right eye. He later underwent treatment, during which…
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Appraisal and Valuation Expert is Qualified to Testify about the Value of the Porsche
Joseph Falasco bought a non-functioning 1974 Porsche 911S for $10,000 and put a significant amount of time and money into restoring it, including the installation of a new engine and transmission. Falasco later filed a claim regarding the non-collision fire that destroyed Plaintiff’s 1974 Porsche 911S (the “1974 Porsche”) and ended up suing USAA for…
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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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Urology Expert’s Opinion on Reusing Single-Use Catheters Admitted
Plaintiffs are the wheelchair-bound current or former inmates of the New York State Department of Corrections and Community Supervision (“DOCCS”) who must self-catheterize themselves multiple times per day in order to urinate. Plaintiffs claimed that they experienced violation of their federal civil rights, and discrimination on the basis of their disabilities. Urologist Ezekiel Young, M.D.,…
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Engineering Expert Qualified to Opine on Crossbow Malfunction
Scott and Melanie Campbell (“Plaintiffs”) brought this case against Ravin Crossbows, LLC and Velocity Outdoor Inc. (collectively, “Defendants”). This case arises from personal injuries sustained by Plaintiff Scott Campbell (“Scott”), an experienced hunter. On November 9, 2022, Scott was hunting from a ladder stand using a Ravin 10 Crossbow, manufactured by Ravin Crossbows. He attempted…
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Physical Medicine & Rehabilitation Expert’s Opinion as to the Permanency of Injuries Excluded
Plaintiff Manuel G. Milan commenced this action against New Jersey Transit Rail Operations, Inc. seeking damages for injuries sustained to his ankle and low back under the Federal Employers’ Liability Act. Defendant challenged the expert medical opinions of Dr. Aaron Bellew, DPM and Dr. Jason Smith, M.D. Bellew and Smith offered testimony as to the Plaintiff’s…
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Transportation Engineering Expert Witness’ Opinion on Routine Commerce Deemed Reliable
This lawsuit arises out of Port Arthur’s decision to designate Sassine Avenue as a “no truck route.” Kirk Thomas (“Thomas”) and KT Trucking and Cattle, LLC (“KT Trucking”) (collectively, “Plaintiffs”) engaged in various agricultural and commercial activities on Thomas’ property, including a land farming operation and the management of his personal trucking business. As a…
