Tag: Expert Report
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Pediatrics Expert Witness’ Opinion on Forceps-Assisted Vaginal Delivery Excluded
The present case involved a medical malpractice claim filed by Plaintiffs Tyler Grenier and Jenna Grenier, individually, and as the next friend of minor J.A.G., against the Defendant United States of America (“Defendant”). The Plaintiffs alleged medical negligence at Tripler Army Medical Center (“Tripler”) concerning prenatal care and labor provided to Plaintiff Jenna Grenier (“Jenna”)…
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Firearms & Ballistics Expert Witness’ Conclusions about how Bullets Behave Within the Body Admitted
Antoinette Tillman, Individually and as Adminstratrix of the Estate of George Homer Tillman III, brought this action on behalf of George Homer Tillman III against Defendants alleging excessive deadly force, as well as corresponding claims under New York state law, all stemming from a fatal police shooting that occurred on April 17, 2016. The Defendants…
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Late Service of Psychology Expert Witness’ Report Might Cause Severe Prejudice
Plaintiff, Rudolph Mills filed this action against Defendant, Steuben Foods, Inc., alleging employment discrimination based on race after numerous complaints about shocking and wildly inappropriate racial slurs used against him by supervisors and managers. Defendants moved, pursuant to Fed.R.Civ.P. 16(f)(1)(C), 26(a)(2)(A), (D), 37(c)(1)(C), for an order striking the expert report of Mark D. Lerner, PhD.…
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Neuropsychology Expert Witness’ Opinion on Future Care Excluded
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for…
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Economics Expert Witness’ Testimony Admitted Because He Has Researched CON Laws
Charles Slaughter is a licensed physical therapist who owns a physical therapy clinic in Jackson, Mississippi. He brought this constitutional challenge to Mississippi’s Certificate of Need (CON) program because Mississippi has had a moratorium on issuing CONs to new home health care businesses for the past 42 years. This case was initiated in the wake…
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Credit Reporting Expert Witness’ Testimony About Actual Damages Sustained by Plaintiff Excluded
Plaintiff, Noah Ford rented an apartment in Colorado. He signed a Lease Agreement and additional lease documents and moved into the apartment on or about September 3, 2020. On or about July 4, 2021, Ford signed another Lease Agreement and additional lease documents to rent the same apartment for an additional year, for the period…
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Radiology Expert Witness Barred From Testifying for Failing to Provide the Court With a Report
Plaintiff, Wendy Marie Henshaw alleged that she slipped and fell on a liquid substance on Defendant Wal-Mart’s premises on October 28, 2021. Henshaw filed a motion to strike Defendant’s expert witness Dr. Marc Fredric Glickstein. Henshaw noted that Defendant timely served its expert witness disclosure and listed Glickstein as an expert in diagnostic radiology; however,…
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Obstetrics and Gynecology Expert Witness Barred from Testifying About Plaintiff’s Expressed Desire for Cesarean Delivery
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for…
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Court Finds No Statement in the Marketing Expert Witness’ Survey to be Misleading
The underlying case concerns the alleged release of toxic chemicals from a manufacturing facility in Canoga Park between 1968 and 1970 by Litton Systems, Inc., an entity now owned by Defendants Northrop Grumman Corporation and Northrop Grumman Systems Corporation (“Northrop Grumman”). Plaintiffs moved for class certification on their claims for negligence, private nuisance, and trespass…
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Testimony of Accounting Expert Witnesses Admitted Despite Using a Different Form of Calculation
This case arises out of a fee dispute between Defendant, CMR Construction & Roofing, LLC and Plaintiff, Crescent City Remodeling, LLC. CMR contracted Crescent to perform remediation work at Tangipahoa Parish School Board buildings following Hurricane Ida. Crescent later alleged that CMR breached the parties’ Joint Work Agreement by failing to compensate Crescent for its…
