Tag: Expert Report
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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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Accounting Expert’s Reliance upon a Disputed Fact does not Equate to Insufficient Facts
In a recent legal battle between Mo Pow and Crypto, the spotlight has fallen sharply on expert testimony, specifically the lost profits analysis provided by Mo Pow 4’s expert, David A. Hall. This case, fundamentally about two failed digital currency mining agreements, has turned into a fascinating examination of expert witness reliability and the challenges…
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Expert Witness Disclosure: When Technicalities Don’t Trump Substance
Three former medical residents sued Southwestern Vermont Medical Center (SVMC) and William Sarchino, alleging negligence regarding the operation of x-ray machines. Subsequently, Plaintiff Shazad Buksh disclosed Dr. Phillip Beron, M.D., as an expert to support claims of inadequate training and lack of protective procedures during x-rays. Defendants sought to exclude Beron’s report and opinions, citing…
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Computer Science Expert Witness’ Testimony About the Disclosure of App Users’ Email Addresses Admitted
In this putative class action, Plaintiff Charles Therrien claimed that Defendant Hearst Television, Inc. (HTV or Hearst), unlawfully disclosed his personally identifiable information – including a record of every video he had viewed on Hearst’s Apps – to two third parties, Braze and Google, in violation of the Video Privacy Protection Act. HTV argued that its…
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Automotive Engineering Expert Witness’ Testimony Survives Rule 37 Exclusion Sanction
Vicki Oetjens had surgery in October of 2020. Had all gone to plan, a diseased portion of her colon would have been removed, then the healthy ends would have been stapled together. But when the surgical stapler was deployed, no staples fired. This left a hole in Vicki’s large intestine requiring surgical repair. Vicki had…
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Insurance Expert Witness’ Estimate Excluded Because Unknown Contractors Collected the Data
Plaintiffs Gregory Hebbler and Marion Hebbler contracted with Defendant State Farm Fire and Casualty Company to insure their home located at 6009 Angler Drive, Picayune, Mississippi. On August 29, 2021, Hurricane Ida made landfall, purportedly damaging the residence. When Defendant conducted an on-site inspection and estimated the monetary damage caused by Hurricane Ida, it issued…
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Education & Schools Expert Witness’ Testimony Excluded Because of its Untimeliness and Insufficiency
In October 2023, Plaintiff Leslie Baldwin sued Kalispell School District #5 and Glacier High School (collectively “the District”) on behalf of her minor son, K.B., alleging that K.B. was sexually assaulted in February 2022 on a bus returning from a school-sanctioned wrestling event. The District sought to exclude the testimony of Baldwin’s retained expert, Thom…
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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.…
