Tag: Disclosure
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Construction Expert’s Building Budget Report Excluded
Plaintiffs’ home was damaged by a fire on June 21, 2021. At the time of the fire, Plaintiffs had an insurance policy with State Farm. Plaintiffs alleged that Defendant State Farm failed to abide by the policy which allowed, at the insureds’ option, to either have the damage repaired or pay for the damage. Plaintiffs…
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Civil Engineering Expert Was Not Allowed to Opine on Housekeeping Standards
On April 29, 2024, Helen Olenik and John Olenik were passengers aboard Carnival Corporation’s ship, M/V Carnival Pride. Helen Olenik fell on an exterior tile floor after walking through sliding glass doors leading from the interior of the ship to the Serenity pool deck. Defendants filed a motion to strike and exclude the opinions of…
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Maritime Expert Allowed to Opine on Safety Standards
Plaintiff Jonathan Conner is a Jones Act seaman who worked for REC Marine aboard the M/V GOL Warrior. While working aboard the vessel, he suffered what was later diagnosed as a heart attack at some point in the day on January 27, 2024. Conner alleged that REC Marine was negligent in its handling of his…
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Radiology Expert was Allowed to Opine on the Extent of the Injuries
Plaintiff Sheli D. Milam Sams and Dr. Bradley Sams had Safeco Policy No. F335202 (“the Policy”) that included underinsured motorists (“UIM”) coverage. On February 13, 2021, Plaintiff was involved in an automobile accident in Colorado. The other driver, Semega Mahamadou, was at fault, and Mahamadou’s vehicle had an Allstate policy. Mahamadou’s Allstate policy had liability…
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Psychology Expert’s Testimony on Grooming Limited
This case arose from allegations of sexual abuse of a minor that purportedly occurred in 2006 but was not disclosed by the alleged victim until 2020. As the matter proceeded toward trial, both parties intended to introduce testimonial evidence at trial from experts in topics related to psychology. Although the Government did not challenge the…
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Marketing Expert Not Allowed to Opine on Consumer Reaction
This class action lawsuit arises out of Amazon’s practice of using smart-speaker technology (“Alexa”) to surreptitiously: (a) intercept; (b) eavesdrop; (c) record; (d) disclose; or (e) use millions of Americans’ voices and communications, all without their knowledge or consent. Such conduct blatantly violates Washington’s wiretapping law, which applies nationwide to Plaintiffs and all members of…
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Orthopedic Surgery Expert’s Testimony on TMJ Injuries Admitted
This case concerns alleged personal injuries suffered by Misty Adkins in a motor vehicle accident on August 22, 2023. Adkins alleged that she was traveling southbound in Pike County, Kentucky, when Hacker pulled out in front of her, causing her to strike the rear of his vehicle. It is also alleged that Clemon Hacker was driving…
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Accident Reconstruction Expert Was Not Allowed to Opine on the Maintenance of Gravel Roads
Plaintiff Brooke Mann suffered serious injuries at a music festival in September 2021 when a shuttle tram on which she was riding tipped over on a sloped roadway. The Lost Lands Music Festival takes place each September at Legend Valley, a large outdoor venue near Buckeye Lake and Thornville, Ohio. The multi-day festival is dinosaur-themed…
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Psychology Expert Was Allowed to Opine on Voluntary Adult Sex-Work Subculture
Defendants Brandon Washington and Maria Georgianna Palm are charged with various crimes arising out of their scheme to recruit, entice, harbor, transport, provide, obtain, and maintain vulnerable women, and to perform commercial sex acts for their financial benefit via threats of force, fraud, and coercion. The United States of America filed a motion in limine…
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Construction Expert’s Testimony on Insurance Policy Application Excluded
This case arises from an insurance coverage dispute regarding damage to Plaintiff O’Reilly Hotel Partners–Champions Circle, LLC’s (“Plaintiff”) hotel complex in Fort Worth, Texas (the “Property”). The Property consists of various buildings, including a hotel tower, a conference center, and a golf clubhouse. The case involves multiple insurance policies and multiple insurance claims stemming from…
