Tag: Discrimination
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Court Approves of Economics Expert Witness’ Ex Ante Approach to Damages Calculation
Plaintiffs are a group of current and former KCS employees working as conductors and engineers, collectively referred to as Train, Engine & Yard (“TE&Y”) employees by the parties. They alleged an FMLA (Family and Medical Leave Act) discrimination claim based on KCS’s practice of placing on-call employees at the bottom of job boards (i.e., at…
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Occupational Therapy Expert Witness Allowed to Opine on the Suitability and Necessity of the Health Center Policy for Firefighters
Jeremy Knorr (“Plaintiff”) worked as a firefighter for the Daisy Mountain Fire District (“the District”) from 1992 until 2019, when he was terminated at least in part due to his inability to comply with a new fitness policy (“the Health Center Policy”), adopted by the Daisy Mountain Fire District Board (“the Fire Board”) in late…
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Court refuses to exclude expert testimony on the application of local zoning regulations
In 2014, Plaintiffs asked Defendant to rezone a parcel of land from Agricultural (“AG-2”) to Community Facilities Planned Development (“CFPD”). They needed the rezoning to build a 72-bed residential substance abuse treatment center and detoxification facility. Plaintiffs were initially successful. Defendant’s staff and hearing examiner recommended rezoning because the facility was compatible with the surrounding…
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Economics Expert Witness’ Testimony on Disparities in Promotion Admitted
A district judge in Massachusetts admitted the findings of an expert economist meant to advance a theory of disparate impact. Plaintiffs Marc Savage (“Savage”) and Randolph Blake (“Blake”) (collectively referred to as “Plaintiffs”), a retired and current employee, respectively, of the Fire Department for the Defendant City of Springfield (“City” or “Springfield”), pursued claims of…
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Safety Expert Witness’ Analysis of the Alleged Discrimination deemed Inadmissible
A district judge in California barred a safety expert witness from testifying about lack of intentional discrimination despite being qualified to offer an opinion on the subject matter. Plaintiff Melvin Patterson is deaf. He brought this action under Title III of the Americans with Disabilities Act and the California Unruh Civil Rights Act against Defendants Six Flags Theme Parks, Inc., Six…
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Premature Motion to Strike Reports of Housing Expert Witnesses Denied Without Prejudice to Renewal
A district judge in New York refrained from excluding testimony about Defendants’ discriminatory policies offered by housing expert witnesses, for the time being. Plaintiffs CNY Fair Housing, Inc.; The Fair Housing Partnership of Greater Pittsburgh, Inc.; Housing Research & Advocacy Center, Inc., d/b/a Fair Housing Center for Rights & Research, Inc.; Housing Opportunities Made Equal…
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Testimony of Vocational Rehabilitation Expert Witness Held to Emphasize on Relevant Factors
Defendant Amazon.com Services, Inc. (“Amazon.com”) initially hired Marcellus McMillian as a seasonal fulfillment associate and then promoted him to fulfillment associate in the make on demand department. Defendants employed him for more than a year, starting on January 11, 2017. McMillian’s back was injured in an unrelated car accident on or around August 3, 2017, and he went on…
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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…
