Tag: Expert Testimony
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Mechanical Engineering Expert is Qualified Despite His Lack of Familiarity with Gaming Machines
Plaintiff Mark Sabti, a Slot Technician at Greektown Casino, brought this products liability action against Interblock USA, the manufacturer of the Universal Cabinet Craps machine. Sabti alleged design defects and a breach of implied warranty of fitness by the Defendant after the machine’s gas springs failed. The hood of the machine fell and injured his…
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Epidemiology Expert’s Opinions about the Risk of Breakthrough Infections Excluded
Washington Governor Jay Inslee issued Proclamation 21-14 (“the Proclamation”), which required state employees to be fully vaccinated by October 18, 2021, to continue employment with the state. The Proclamation carved out an exception to the vaccination requirement for employees who were entitled to disability related accommodations or accommodations related to a sincerely held religious belief under…
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Family Medicine Expert Allowed to Testify Despite Her Lack of Experience in the Correctional Medical Context
This litigation revolves around medical care, and the alleged lack thereof, provided to Plaintiff Peter George Noe between fall 2020 and late 2022, while incarcerated at the United States Penitentiary ADMAX in Florence, Colorado. Defendant filed a motion to exclude the testimony of Plaintiff’s retained expert, Dr. Kimberly A. Cullen, MD, arguing that Cullen does…
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Marketing Expert’s Consumer Confusion Survey Admitted
Plaintiff Alfwear, Inc. (“Alfwear”) is an outdoor clothing company that sells products under the KÜHL mark. Ibkul is a clothing company specializing in athleisure wear. In November 2021, Alfwear initiated this lawsuit against Ibkul, alleging trademark infringement, unfair competition, and dilution. Alfwear, Inc. has alleged that the sales of apparel using the IBKÜL trademark infringed Plaintiff’s…
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OSHA Expert Barred From Testifying About Causation
David Badagliacco, a Skokie, Illinois police officer, sued Safariland, LLC, alleging his exposure to pepper spray during their training course was the reason he suffered from an eye infection necessitating cornea replacement surgery. Badagliacco contended that the negligent, willful and wanton operation of the training course caused his injuries. Plaintiff David Badagliacco retained expert witness…
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Firearms Expert’s Testimony Excluded Because of His Limited Experience with Machineguns
Defendant Chase Farmer was charged and convicted of multiple firearms offenses in a trial spanning April 29, 2025, to May 6, 2025. Specifically, Defendant was charged with importing, possessing, transporting, and failing to keep proper records for drop-in auto sears (“DIAS”) and Glock switches from Russia, which are machinegun conversion devices regulated as machineguns under…
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Intellectual Property Expert’s Opinion on Settlement Licenses Excluded
Plaintiffs’ claim for breach of contract is based on a 2001 licensing agreement (“the 2001 License” or “the License”) between Plaintiffs and Defendant Extreme Networks, Inc. (“Extreme”). Plaintiffs retained Mark Chandler to issue an opinion about “agreements and negotiations related to the licensing, development and commercial use of software, copyrights, and other intellectual property.” According…
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Leasing Experts Are Not Allowed to Define Industry Standards
This case is a landlord/tenant dispute regarding a lease agreement between Plaintiff/landlord Trustees Main/270 and Defendants/tenants ApplianceSmart, Inc., and JANONE, Inc. The claims arise from Defendant ApplianceSmart’s failure to pay pursuant to a lease agreement, and Defendant JANONE’s obligations as guarantor under the lease. Plaintiff filed a motion in limine related to two witnesses Defendants…
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Marine Safety Expert Impermissibly Ventured into the Field of Biomechanical Engineering
This negligence suit under the Longshore and Harbor Workers’ Compensation Act arises out of an incident on the Defendants’ vessel, the M/V Ocean Belt (the “Vessel”). On January 29, 2021, in his capacity as a ship superintendent employed by non-party Cooper Consolidated, LLC (“Cooper”), Joseph Trigleth was overseeing cargo operations on the Vessel, which required him…
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Materials Science Expert Witness Barred From Opining on the Ladder’s Failure
On October 1, 2021, Tate Parker purchased a Tricam Industries, Inc. Gorilla articulated extension ladder (Model GLMPXA-14) from Home Depot in Opelika, Alabama. On February 14, 2022, Parker was injured while using his Tricam ladder to access a residential roof for an insurance-related inspection. At the time of the accident at issue, his job duties…
