Tag: Expert Testimony
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Legal Expert’s Testimony on the Customs and Usages of the Oil and Gas Industry Admitted
Louisiana Minerals, Ltd., as lessor, and Weyerhaeuser, as lessee, are the successors in interest to a 1986 Timber Sale and Lease Contract (“Contract”). LML asserted that Weyerhaeuser has entered into a significant number of unauthorized third-party agreements that impinge upon or adversely affect LML’s rights under the Contract. Damages were sought for harm caused by…
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Law Enforcement Expert’s Testimony on the Unique Overdose Risk of Fentanyl Excluded
David James Michael Jensen is charged in an eight-count Superseding Indictment with five counts of Unlawful Possession of a Firearm, one count of Possession of Controlled Substances with Intent to Distribute (methamphetamine and fentanyl), one count of Carrying a Firearm During and in Relation to a Drug Trafficking Crime, and one count of Possession of…
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Religious Studies Expert’s Testimony on the Beliefs of Jehovah’s Witnesses Admitted
Plaintiff Brianna Bolden-Hardge is a member of the Jehovah’s Witnesses and believes her faith forbids her from “swearing primary allegiance to any human government” and “swearing to engage in political or military activity—including taking up of arms.” She applied for a position with the Office of the California State Controller (“SCO”) and received an offer.…
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Neurology Expert’s Testimony on Postoperative Complications Excluded
This medical malpractice action is brought by Gladys Torres-Correa (“Plaintiff”) against Instituto de Ojos y Piel, Inc. and Dr. Miguel Santiago García, along with several unnamed insurers. After undergoing ophthalmic surgery performed by Defendants, Plaintiff allegedly developed a series of complications. Consequently, Plaintiff claimed that those complications were caused by Defendants’ negligence. To prove her…
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Road Safety Expert’s Testimony on Disability Discrimination Admitted
Plaintiff Gabriel Brandon Garzaa, a current part-time preloader and temporary cover driver, sued United Parcel Service Inc., alleging disability discrimination based on its failure to promote him or provide reasonable accommodations because of his disability. Garza asserted that UPS’ refusal to hire Garza in a Driver position is based on UPS’ written policy against hiring…
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Psychology Expert’s Opinion on the Harm Resulting from the Alleged Misconduct Admitted
This is a pro se prisoner action brought by Plaintiff William A. White relating to White’s detention at the John E. Polk Correctional Facility, in Sanford, Florida, between May and December 2014. Plaintiff’s claims arise out of his placement in the isolation unit due to information received from the U.S. Marshals that White was a…
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Economics Expert Allowed to Testify Despite Not Considering Job Tenure
Plaintiffs Donrudy Loiseau, Quinton L. Hebron, and Dwayne Small (together, “the Plaintiffs”), brought an individual and class action suit against their former employer, Bozzuto’s Inc., alleging discrimination against black employees with respect to promotions, warehouse position assignments, pay, workplace discipline, and terminations. Plaintiffs retained Dr. David M. Lang “to analyze employment data provided by Bozzuto’s…
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Adolescent Health Expert’s Testimony on Brain-Scan Studies Excluded
A.C. is a transgender boy who attends Martinsville High School. Prior to attending Martinsville High School, he attended John R. Wooden Middle School (“Wooden Middle”). While attending Wooden Middle, A.C. sought to use the boys’ restroom, the restroom he felt most comfortable using, but was denied access by the School District. The School District offered…
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Family Medicine Expert’s Standard-of-Care Testimony Excluded
This lawsuit arises out of medical care and treatment Courtney L. Mapes rendered to Plaintiff Bradley Medina on February 8, 2019 at Family Health Care Network. Medina brought a cause of action against Mapes for medical negligence based on the allegation that Mapes misdiagnosed him with a hamstring injury rather than an infection in his leg.…
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Packaging Expert’s Testimony on Compression Failure Limited
Plaintiff Tricia McFee asserted a negligence claim against Defendant BJ’s Wholesale Club, Inc. (“BJ’s”) under New York law, arising from a slip-and-fall accident in the bottled water display area on August 20, 2020, while she was at a BJ’s club in Brooklyn, New York. Defendant filed a motion to exclude the testimony of Sterling Anthony,…