Tag: Expert Testimony
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Law Enforcement Expert’s Testimony on the Officers’ Tactics Admitted
Plaintiffs Michael Gomez (“Gomez”), Joseph Lowe (“Lowe”), Ian Joi, and Alejandro Baez and Josephine Cartagena as co-representatives of the Estate of Jayden Baez (“Baez”) (collectively, “Plaintiffs”) filed an Amended Complaint against Defendants Scott Koffinas (“Koffinas”), Ramy Yacoub (“Yacoub”), and Chris A. Blackmon (collectively, “Defendants”). Plaintiffs alleged that Defendants Koffinas and Yacoub—members of the Osceola County…
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Product Development Expert Was Not Allowed to Opine that the Fan is Not Defective
Allstate insured L&J Home Improvements, LLC (“L&J”), which was owned and operated by Julie and Luis Hernandez. In or around 2003, L&J purchased a two-story, wood frame residence built in 1888 that is located at 231 N. Walnut St. in Colorado Springs, Colorado (the “residence”). After the purchase, L&J performed a remodel on the residence in or…
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Civil Engineering Expert Was Not Allowed to Opine on the Collapse of the Retaining Wall
This matter arises out of the collapse of a retaining wall at the home of Plaintiffs Pranav Mishra and Mamta Mishra. The Mishras sued Defendant State Farm Fire and Casualty Company for breach of contract and bad faith failure to pay their resulting insurance claim. State Farm filed a motion to exclude the testimony of…
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Fire Investigation Expert’s Analysis of Burn Patterns Admitted
Defendants owned and managed an apartment complex called The Trails at Flat Rock in Columbus, Georgia. In October of 2022, a fire occurred in Building A of the apartment complex. Kevin Ford, who was staying in unit A-24 with tenant Anthony Thorpe, died in the fire. Plaintiff, the administrator of Ford’s estate, asserted negligence claims…
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Biomechanics Expert’s Testimony on Law Enforcement Tactics Excluded
Plaintiffs alleged that Defendants former Washington County Sheriff’s Office (“WCSO”) Deputy Defendant Jeffrey Aaron Edwards (“Edwards” or “Deputy Edwards”) and former WCSO Deputy Brian Mizelle (“Mizelle” or “Deputy Mizelle”) used excessive force against them during a March 2, 2022, attempt to transport Plaintiff Gary Thomas (“Thomas”) to the Washington County Courthouse. The factual circumstances in…
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Economics Expert Allowed to Opine on Stock Inflation
Plaintiffs alleged that Defendants engaged in a scheme to defraud and made numerous materially false and misleading statements and omissions to investors regarding Acadia’s business and operations. Defendants filed a motion to exclude the testimony and opinions of Plaintiff’s expert witness W. Scott Dalrymple. Specifically, Dalrymple was retained to analyze share price inflation and damages associated with Plaintiffs’ allegations. Dalrymple…
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Expert Testimony on Legal Ethics Excluded
Robert I. Toussie alleged that he and his brother Michael entered into an agreement (the “Participation Agreement”) with Coastal Development, LLC (“Coastal”), an entity run by Richard Fields in 2000 to finance the development of casinos in Florida. However, Coastal/Fields promptly, and repeatedly, breached the terms of the Participation Agreement by not paying the Toussies…
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Wage and Hour Expert’s Testimony on Rounded Minutes Admitted
Jennmar manufactures and assembles products for use in agricultural, construction, energy, and mining industries, with locations across the United States. The Plaintiffs are current and former hourly employees of Jennmar. The Plaintiffs alleged that Jennmar failed to pay employees wages and overtime in violation of federal and state law. Specifically, the Plaintiffs alleged that Jennmar’s fifteen-minute…
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Accident Reconstruction Expert’s Testimony on Human Factors Excluded
This case arises from a fatal automobile accident that occurred on September 22, 2017. Blake Haddox was traveling southbound on a motorcycle as Defendant Nicholas Roshon Moore drove a semi-truck in a northbound lane and turned left across traffic. The two collided, and Haddox died as a result. Plaintiffs planned to present the testimony and opinions of…
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Marketing Expert’s Testimony Excluded Due to His Inherent Bias
Plaintiff Grasshopper Gardens, Inc., a lawncare and landscaping services provider, accused PMA Mechanical LLC, a heating, ventilation, and air conditioning (“HVAC”) service provider, of trademark infringement, unfair competition, and false designation of origin. Plaintiff retained Dr. Eli Seggev to conduct a survey on the likelihood of confusion between the marks at issue in this case…
