Tag: Disclosure
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Orthopedic Surgery Expert’s Opinions About an Aggravation of Pre-Existing Degenerative Disc Disease Admitted
Plaintiff Myles Childress brought his claims against Defendant Wal-Mart Stores East I, LP. after he allegedly sustained injuries while delivering goods to a Walmart store in Bridgeton, Missouri. Plaintiff raised claims against both Defendant Walmart and Walmart’s employee, an unknown Doe Defendant. Dr. Richard Kube is an orthopedic spine surgeon practicing in Peoria, Illinois. Defendant argued…
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Psychology Expert’s Opinions Regarding Suicide by Cop Excluded
This civil rights case arises out of the officer-involved detention and shooting of Hector Puga (“Decedent”) by California Highway Patrol officers Isaiah Kee, Michael Blackwood, and Bernardo Rubalcava (“State Defendants”) and County of San Bernardino deputies Jake Adams and Robert Vaccari (“County Defendants”) that resulted in Decedent’s death on February 17, 2021. At the Final…
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Economics Expert’s Testimony About Tivity’s Stock Price Drop Excluded
This securities fraud putative class action is based on allegations that Tivity, a publicly traded company, as well as various high-ranking executives, made false or misleading statements and omissions, and had a scheme to defraud investors regarding, facts material to both: the purported success of Tivity’s acquisition of Nutrisystem, Inc. (“Nutrisystem”) in Q1 of 2019…
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Belated Production of the Accounting Expert’s Report Was Not Justified
Asserting various state and federal claims arising from alleged trademark infringement, Sacks Holdings, Inc. (the “Plaintiff” or “Sacks”) sued Grin Natural USA Limited, Grin Holdings Limited, Grin Natural US Limited, and Grin Natural Products Limited (collectively, the “Defendants” or “Grin”) for, inter alia, trademark infringement. In July 2024, Defendants’ counsel contacted Julianne “Juli” Saitz at…
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Court Limits Psychiatry Expert’s Testimony, Citing Reliability Concerns
Kevin Brent Buchanan had been charged with making threatening interstate communications. Specifically, the charges stemmed from five voicemails he allegedly left. The Government alleged that Buchanan recorded these voicemails from Utah. These voicemails, sent in late October 2023, targeted an organization that was headquartered in the District of Columbia. To defend himself, Buchanan designated Dr.…
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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…
