Tag: Expert Opinion
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Civil Engineering Expert Employed a Reliable Methodology for Segregating Damages
In this insurance coverage dispute, Plaintiff Will Properties Inc. brought claims against Defendant Century Surety Company for breach of contract, common law bad faith, and violations of the Texas Insurance Code. Plaintiff alleged that its exhibition center in Harker Heights, Texas was covered by Defendant’s policy, which included hail and windstorm coverage, from November 1,…
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Family Medicine Expert’s Testimony on Medical Facts in the Abstract Admitted
In this personal injury case, Johnathan Mudge sought to recover for injuries allegedly resulting from an automotive collision that occurred on October 5, 2021. Mudge has sued three Defendants in this matter: Riverside Transportation, Inc., Riverside Transport, Inc., and Rena Talton, the driver of the vehicle that collided with Plaintiff’s vehicle. Defendants collectively filed a…
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Mechanical Engineering Expert’s Opinion About the Clogged Float Valve Admitted
This is a product liability case involving Walmart’s sale of a pressure cooker that Plaintiff Vanessa Loftis claims injured her when the lid was able to be removed while the pressure cooker was—unbeknownst to her—still pressurized. During the depressurization process, pressure cookers release steam; according to Loftis, the steam on that night “lasted forever,” around…
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Aviation Expert’s Testimony on Flight Attendant Conduct Excluded
In this personal injury case, Plaintiff Ana Maria Marcela Tavantzis (“Tavantzis”), individually and on behalf of her husband, Jesus Plascencia (“Plasencia”), alleged Defendant American Airlines, Inc. (“American”) was responsible for a stroke Plasencia suffered just prior to landing on an international flight from Miami to Madrid, Spain. Plaintiff’s expert Captain Richard J. Levy advanced three…
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Experts’ Opinions Interpreting the PPP Regulations Were Excluded
As the COVID-19 pandemic took hold in early 2020, Congress established the Paycheck Protection Program (PPP). Several businesses applied for and received PPP loan approval from Prestamos CDFI, LLC (Prestamos). However, due to individual bank-related issues, the loan funds were returned to Prestamos, leaving the businesses without the promised financial assistance. Consequently, these businesses initiated…
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Accounting Expert Witness’ Opinions About the Unpaid Consulting Fees Excluded
In early 2015, Plaintiffs, US Thrillrides, LLC (“USTR”) and Polercoaster, LLC began discussions with Defendant, Intamin Amusement Rides Int. Corp. Est. about partnering to build Polercoasters for Plaintiffs’ customers. The “Polercoaster” is “a roller coaster that is supported or suspended from a vertical tower instead of moving along a horizontal track.” This case arises from a…
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Economics Expert Witness’ Opinions Cannot be the Basis for Finding Antitrust Injury
In this antitrust action, separate Plaintiff groups of users and advertisers sued Meta Platforms, Inc. (Meta), for alleged anticompetitive conduct under the Sherman Act and California state law in connection with the Facebook social-networking app. The user group, headlined by named Plaintiffs Maximilian Klein, Sarah Grabert, and Rachel Banks Kupcho, alleged that Meta illegally acquired and…
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History Expert Witness Allowed to Testify Because He Utilized the Same Methodology Used By All Historians
This case involves the alleged unconstitutionality of House Bill No. 71, Act 676 (“H.B. 71” or the “Act”). This law provides in relevant part: No later than January 1, 2025, each public school governing authority shall display the Ten Commandments in each classroom in each school under its jurisdiction. The nature of the display shall…
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Mechanical Engineering Expert Witness Opinions on Design Defects and Manufacturing Defects Admitted
Plaintiff Patricia Medellin filed a lawsuit to recover damages for severe injuries she suffered when she fell while using Defendant’s Little Giant Velocity Ladder, a multi-use ladder with adjustable features. The ladder could be configured into various climbing systems, including an extension ladder. Medellin asserted that the “Rock Locks” (version 2.1), which were the locking…
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Urogynecology Expert Witness Testimony about inadequate risk disclosure admitted in medical device product liability action
Connie Thacker (Plaintiff) received two surgical mesh devices, Prolift and TVT-Secur, as implants on May 8, 2009. Both devices were manufactured by Ethicon, Inc. and were designed to treat pelvic organ prolapse and stress urinary incontinence in women. Later, Thacker sued, alleging damages resulting from the use of these devices and identified Bruce Rosenzweig as…
