Tag: Disclosure
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Rule 26 Met: Accounting Expert’s Report Provided the Correct Kind of Appendix
Ink 477, LLC and Grove Ink, LLC, operating the Miami restaurant and bar “Amal” and “Level 6,” are accused by former employee Jose Petersen of violating the Fair Labor Standards Act (FLSA). Petersen, who worked as waitstaff at Amal from June to September 2022 and then at Level 6 from May to September 2023, claims…
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Court Rejects Anesthesiology Expert’s Testimony Over Incomplete Medical Evidence
In a recent case involving a police shooting in Las Cruces, the admissibility of expert testimony became a central point of contention. The Plaintiff, who sustained injuries during the incident, sought to introduce Dr. Alen Ternian as a pain management expert. However, the Defendants challenged Ternian’s testimony, raising significant concerns about the completeness and reliability…
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Alternative Damages Calculation Included in the Fraud Investigation Expert Witness’ Supplemental Report Excluded
Plaintiff Aaron Edwards filed this lawsuit against his former employer,Defendant First Trust, alleging that he was terminated in retaliation for engaging in purported whistleblowing activities. He asserted claims under the anti-retaliation and whistleblower protection provisions provide under the Sarbanes-Oxley Act (“SOX”), the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), and the Consumer Financial…
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Accident Reconstruction Expert Witness’ Testimony About the Driver’s Speed at the Time of the Collision Admitted
This lawsuit stems from a motor vehicle accident. The two-vehicle collision occurred around 12:12 P.M. on January 4, 2023 in the left northbound lane of U.S. Highway 45, a divided four lane highway. On the date and time in question, Plaintiff Kimberly Allcorn was driving a 2019 Kia Forte in the right lane of northbound traffic.…
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Roofing Expert Witness Allowed to Testify Despite Not Complying with Expert Disclosure Requirements
Eric Krajewski alleged that he submitted a claim for hurricane damage that Scottsdale Insurance Company will not pay despite coverage under the parties’ insurance policy. To recover the funds reportedly owed, Krajewski sued for breach of contract. Krajewski timely disclosed an expert—Phaion Hicks. But according to the record before the Court, Krajewski never provided a corresponding…
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Automotive Engineering Expert Witness’ Testimony Survives Rule 37 Exclusion Sanction
Vicki Oetjens had surgery in October of 2020. Had all gone to plan, a diseased portion of her colon would have been removed, then the healthy ends would have been stapled together. But when the surgical stapler was deployed, no staples fired. This left a hole in Vicki’s large intestine requiring surgical repair. Vicki had…
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Real Estate Development Expert Witness Violates Rule 26 by Offering an Opinion on the Causation Issue
H5R owns a single-family home (the “Property”) in Dallas, Texas, for which Scottsdale Insurance issued an insurance policy covering certain causes of loss. In February 2021, water allegedly entered the Property through or near the roof. H5R “immediately notified” Scottsdale Insurance and filed a claim for this incident. More than one year after the claim…
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Psychology Expert Witness’ Opinion on Parental Gatekeeping Excluded Due to Procedural Violations
On October 25, 2024, Petitioner Prasanna Sankaranarayanan filed a petition seeking the return of the parties’ minor son, S.A., to his habitual residence. The petition claims that Respondent Dhivya Sashidhar unlawfully took S.A. from Singapore to the United States on October 14, 2024. On November 1, 2024, Sashidhar was served with the summons and complaint…
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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 About Damages Calculations is Not Fatally Deficient
The Plaintiffs sought damages and injunctive relief accusing the Defendants of willfully, intentionally, and calculatedly refusing to provide potable water to residents of the Plaintiffs’ manufactured home communities and a denial of applications by the Plaintiffs Grover Dinwiddie, and Sarina Shannon for municipal water utility services provided to other residents of the City of Oak…