Tag: Expert Testimony
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Architecture Expert Not Allowed to Opine on the Safety of Retail Escalators
Dick’s Sporting Goods, Inc. (“DSG”) operated a retail location in Lyndhurst, Ohio. After the lone up-down escalator in the Lyndhurst Store stopped working, it was not barricaded though the escalator remained non-operational and stationery. Tiffiney Jones contended that she felt a sharp pain in her toe while climbing the stationary escalator and had stepped on…
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Insurance Expert Not Allowed to Opine on the Cause of Death
Plaintiffs are the estate and heirs of Timothy Hunt, who was killed in a grain engulfment accident. Defendant is the insurance company who insured the farm (Butts Farms) where the accident occurred. Defendant denied coverage for the accident under the policy. Butts Farms assigned its claims to Plaintiffs as part of an arbitration and non-execution…
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Animal Behavior Expert Was Not Allowed to Opine on Drug Detection Dogs
Defendant, Jose Ruiz Flores, has been indicted for one count of possession with intent to distribute 28 grams or more of cocaine. The question is whether Officer Eric Rosales had reasonable suspicion to conduct a dog sniff using K9 Sully. Defendant’s expert, James Ha, presented expert testimony related to K9 odor-detection. The government stipulated to…
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Industrial Hygiene Expert’s Testimony on Environmental Exposure Limited
Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner alleged that Decedent Michael P. Dandry, Jr., while an employee for Huntington Ingalls Incorporated’s (“Avondale”), was exposed to asbestos and asbestos-containing products manufactured, distributed, sold, and/or handled by Avondale and other parties. Decedent was born in 1953, and the family home at the time of his birth…
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Psychology Expert’s Testimony on Grooming Limited
This case arose from allegations of sexual abuse of a minor that purportedly occurred in 2006 but was not disclosed by the alleged victim until 2020. As the matter proceeded toward trial, both parties intended to introduce testimonial evidence at trial from experts in topics related to psychology. Although the Government did not challenge the…
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Mechanical Engineering Expert Allowed to Opine on the Behavior of Wheelchairs
This case arises from an incident in which Plaintiff William Dowdy was injured after falling from a temporary wheelchair while using his wheelchair ramp. The temporary wheelchair had been supplied by NuMotion while Dowdy’s regular wheelchair was being serviced and repaired. NuMotion sought to exclude the testimony of Plaintiff’s expert Mark Ezra, arguing that he…
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Insurance Expert Not Allowed to Opine on Industry Standards
This action arises from an insurance claim related to a vehicle fire that occurred on May 31, 2024, in Arkansas while Plaintiff Anthony Nicholas was driving from Tennessee to Oklahoma. Plaintiff submitted a claim to Defendant Progressive Direct Insurance Company that same day. Plaintiff alleged that Defendant failed to handle the claim in good faith…
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Credit Reporting Expert Not Allowed to Opine on Intentions
In 2022, Plaintiff Rick Fox received a letter from his student loan provider stating that it extended condolences to Plaintiff’s family concerning Plaintiff’s death. Several weeks later, Plaintiff learned that his insurance benefits through the Department of Veterans Affairs (“VA”) had been terminated after the VA received a report that Plaintiff was deceased. On July…
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Marketing Expert Not Allowed to Opine on Consumer Reaction
This class action lawsuit arises out of Amazon’s practice of using smart-speaker technology (“Alexa”) to surreptitiously: (a) intercept; (b) eavesdrop; (c) record; (d) disclose; or (e) use millions of Americans’ voices and communications, all without their knowledge or consent. Such conduct blatantly violates Washington’s wiretapping law, which applies nationwide to Plaintiffs and all members of…
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Insurance Expert Allowed to Opine on Diagnostic Methods
This first-party property damage case arises from a dispute to insurance benefits related to a July 15, 2019 hailstorm. AMCO issued a policy of insurance (the “Policy”) to PTT Properties, Inc. for property located at 411 Sable Boulevard, 525 Sable Boulevard, 501 Sable Boulevard, and 14410 E. 6th Avenue, Aurora, Colorado 80111 (collectively, “the Property”).…
