Tag: Daubert Motion
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Consumer Confusion Survey Conducted by Survey Research Expert Witness held to be based on a Reliable Methodology
Plaintiffs, Lincare Holdings Inc.’s and Lincare Licensing Inc.’s (collectively “Lincare”) are national health care companies that provide patients “with top quality treatments and durable medical equipment.” Plaintiffs’ “portfolio includes healthcare goods and services offered in connection with the trademarks LINCARE, mdINR, CONVACARE, AMERICAN HOMEPATIENT, PREFERRED HOMECARE, and the trade name SPECIALIZED MEDICAL SERVICES.” Defendant Doxo, Inc.…
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Infectious Disease Expert Witness Testimony on “Regulatory Approval of HIV Rapid Test to Screen Blood Donors” Excluded
Mariette Waters was on a cruise ship when she had a medical emergency necessitating a blood transfusion. Since the cruise ship operator did not store blood on the vessel for transfusions, it began to solicit passengers to donate blood via the public announcement system. The cruise operator then screened the potential donors, their donated blood,…
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Mechanical Engineering Expert Witness Opinions on Slipperiness of Shower Floor Admitted
The case involved the Plaintiff, Anthony Cladd who fell and suffered injuries while using a shower stall at a truck stop owned by the Defendant, TA Operating, LLC. The Plaintiff asserted that the fall and injuries were a result of the shower stall being unsafe, and claimed that the Defendant breached a duty of care…
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Court rejects the testimony of the Construction Expert Witness for not conducting site examination of any kind after a slip and fall accident
Plaintiff Wilfredo Maribona filed a negligence suit against Defendant Wal-Mart Stores East, LP. Maribona summarized his claim, asserting that he slipped due to the painted stop bar in the parking lot being slippery when wet from rain. Despite no accident report being filled out, the incident was recorded by store surveillance. The Plaintiff enlisted Christopher…
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Report of Civil Engineering Expert Witness Rejected for being based on Inadequate Data and Exterior Inspection to assist in any Meaningful Factual Analysis
This case centered on a disagreement over property insurance coverage between Bliv, Inc., a plastics production and manufacturing company, and their insurer Charter Oak Fire Insurance Company. Specifically, Bliv filed an insurance claim due to purported damage from a wind and hail storm that occurred on or around July 9, 2021(referred to as “the Event”).…
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Court admits the testimony of Industrial Hygiene & Mold Expert Witness with regard to source of water intrusions that caused the mold growth
Zahid Hotel Group, LLC, the owner of a LaQuinta Inn insured by AmGUARD Insurance Company, claimed extensive damage to the property following Hurricane Ida in August 2021. Although AmGUARD disbursed $1,032,617.92 for building repairs and mitigation, Zahid contended that the sum fell short of covering repair expenses and failed to compensate for business personal property…
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Expert testimony regarding marketing practices of electronic cigarette and vape products passes the Daubert test
The City of Chicago brought an enforcement action against two e-cigarette companies for 700+ illegal sales to minors. Though the Court entered judgment against the companies for the violations, it declined to hold the owner personally liable as an alter ego. It found use of age-verification systems did not constitute an unfair practice under the…
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Court confirms the admissibility of the testimony of occupational medicine expert in employment discrimination case
In an Americans with Disabilities Act of 1990 “ADA” discrimination case, the Court denied the Defendant’s motion to preclude expert testimony offered by the Plaintiff opining that certain medical guidelines were outdated. Though the Defendant argued the opinions were unsupported, the Court found the testimony could potentially assist the jury and weaknesses were better addressed…
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Court limits fire and battery expert testimony in fatal laptop battery explosion case
This case arose from a December 2015 apartment fire in Everett, Washington that was allegedly caused by a lithium-ion laptop battery manufactured by Hewlett-Packard (HP). The plaintiff insurance company brought subrogation claims against HP for negligence and strict product liability under Washington law. The plaintiff retained two expert witnesses who opined that the fire was…
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Nebraska Court excludes Employment Law Expert’s testimony in Employment Discrimination suit
Plaintiff, Amanda Benson offered the testimony of Dr. Christiane Tellefsen, a forensic psychiatry expert and Amy Oppenheimer, an employment law expert to substantiate it’s claims of employment discrimination, harassment, and retaliation against the Defendant, City of Lincoln. When City of Lincoln filed Daubert motions against both experts, the Court admitted the testimony of Dr. Christiane…
