Tag: Expert Testimony
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Law Enforcement Expert Was Allowed to Opine on Chemical Munitions
Wesley Cotton alleged that on March 19, 2022, an incident occurred on Yard 3C at California State Prison, Corcoran (“CSP-Corcoran”), in which officers deployed multiple chemical agents, including oleoresin capsicum (“OC”), chloroacetophenone (“CN”), chlorobenzalmalononitrile (“CS”) grenades (collectively, “chemical agents”) to stop a fight between third party prisoners. At the time the chemical agents were deployed,…
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Law Enforcement Expert’s Testimony on Workplace Dynamics Admitted
Solangie Acosta was a Muskegon Heights Police Department(“MHPD”) law enforcement officer between 2017 and 2022 who brought nine claims against her former employer, alleging discrimination on the basis of sex, disability status, and an exercise of her worker’s compensation rights. Defendants filed a motion to preclude testimony by Acosta’s expert Wendy Patrick, a former prosecutor…
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Public Relations Expert’s Testimony on Negative Publicity Admitted
This case arises out of the tragic murder of four University of Idaho students in November 2022. Plaintiff Rebecca Scofield is a professor at the University of Idaho. She alleged that, despite never meeting any of these students or being involved with their murders in any way, Defendant Ashley Guillard posted numerous TikTok (and later…
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Mechanical Engineering Expert’s Testimony about the Defective Lawnmower Excluded
Plaintiffs Jaron and Rachel George (“Plaintiffs”) brought this subrogation action against Defendants Stanley Black & Decker, Inc. (“SBD”) and MTD Products, Inc. (“MTD”) for strict liability, negligence, and breach of warranty claims based on a riding lawnmower fire resulting in substantial damage to Plaintiffs’ home. Defendants filed a motion in limine to exclude one of…
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Urban Planning Expert Allowed to Opine on Municipal Zoning Practices
This case involves the Fair Housing Act (“FHA”) and Americans with Disabilities Act (“ADA”). Defendant, the City of Springfield, prohibited Plaintiffs from operating a home for residents in recovery from drug or alcohol addiction. Defendant claimed their zoning ordinance prohibited the home from operating in an R-SF Zone because it is a “group home” under…
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Structural Engineering Expert Was Allowed to Opine on the Chimney Collapse
Plaintiff Haverford Square Properties, LLC owned a building in Philadelphia insured by Defendant Trisura Specialty Insurance Company (“the Property”). The Property’s chimney collapsed and Defendant refused to pay Plaintiff’s full claim. Plaintiff then sued Defendant for breach of contract. During the litigation, Plaintiff consulted an expert, Tim Sass, who concluded that all of Plaintiff’s claimed…
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Construction Expert’s Testimony on Insurance Policy Application Excluded
This case arises from an insurance coverage dispute regarding damage to Plaintiff O’Reilly Hotel Partners–Champions Circle, LLC’s (“Plaintiff”) hotel complex in Fort Worth, Texas (the “Property”). The Property consists of various buildings, including a hotel tower, a conference center, and a golf clubhouse. The case involves multiple insurance policies and multiple insurance claims stemming from…
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Accounting Expert’s Lost-Opportunity Testimony Admitted
Plaintiffs Joshua Cane Jellison and Jessica Marie Jellison (collectively “Plaintiffs”) alleged violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, against PHH Mortgage Corporation, the assignee and servicer of their mortgage loan. Plaintiffs claimed that they entered into a COVID-19 forbearance, which caused them to accrue past due payments. According to Plaintiffs, PHH…
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Expert Testimony on Inadequate Cargo Packaging Admitted
This consolidated action concerns damage to two separate cargos of medical imaging devices shipped by air from the United States to China. The cargo at issue in the first-filed action was an MRI machine, while the cargo at issue in the later-filed action consisted of two CT scanners. Plaintiffs Indemnity Insurance Company of North America…
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Law And Legal Expert’s Industry Standards Opinions Admitted
Plaintiff, Greenwich Insurance Company, is a Delaware-based insurance carrier that issued two excess coverage insurance policies to Mirador Master Association, Inc. (“Mirador Master”), a Miami Beach-based condominium association. The first excess policy was in effect between July 17, 2020, and January 4, 2021, and the second covered the period from February 2, 2021, to July…
