Tag: Expert Testimony
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Law And Legal Expert Not Allowed to Opine on Forfeiture
Plaintiff Charm Hospitality, LLC filed this lawsuit alleging, inter alia, legal malpractice against Defendant Nohayia Javed, Esq. Specifically, Charm made various allegations, in which it contended that Javed fell below the standard of care in her representation of Charm in connection with her prosecution of an insurance claim relating to water damage sustained at a…
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Cardiology Expert Allowed to Opine on the Need for Additional Treatment
This medical-negligence/wrongful-death case resulting from the tragic death of Formeka Ball. Ms. Ball was admitted to the River Oaks Hospital Emergency Room complaining of chest pain and shortness of breath that started earlier that morning. After she died, Plaintiff Patricia Ball, Ms. Ball’s mother and the administratrix of her estate, sued River Oaks. Defendants challenged…
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Employee Benefits Expert Allowed to Opine on Benchmarks
Sentara Health (“Sentara”) sponsored the Sentara Health 403(b) Plan (“Plan”) – a defined contribution retirement plan for its employees at its non-profit entities. Like virtually all such plans, it offered an array of investment options from which its employees can choose to invest a portion of their salary and company matching contributions. The Sentara Healthcare…
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Law Enforcement Expert Not Allowed to Opine on Training And Supervision
Plaintiff Fernando Villanueva-Galvez claimed that Officer Eliseo Anaya’s use of a police canine to locate and arrest him constituted excessive force in violation of the Fourth Amendment. Villanueva-Galvez proposed to present Ernest Burwell‘s testimony regarding police canine practices. Defendants did not challenge Burwell’s qualifications. Nor did the Defendants seek to preclude Burwell from testifying entirely.…
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Human Factors Expert Allowed to Opine on Foreseeable Behavior
This is a strict products liability and negligence case against Adams, the manufacturer of a plastic Adirondack chair that failed and rendered Ronald Scanlan a quadriplegic. The Defendant filed motions to exclude opinions of three of the Plaintiff’s expert witnesses: Russell Dunn, Clifford Tribus and Joellen Gill. The Plaintiff filed a motion to exclude opinions of the Defendant‘s expert…
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Mechanical Engineering Expert Not Allowed to Opine on Zippers
Plaintiff Amcor Flexibles North America, Inc. (Amcor) brought this action against Defendant Reynolds Packaging, LLC (Reynolds), asserting claims for negligence, indemnification, and breach of warranty arising out of Amcor’s purchase from Reynolds of allegedly defective zippered, food-storage pouches. Reynolds sued the Third-Party Defendant Reynolds Presto Products, Inc. (Presto), the manufacturer of the zipper component used…
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Law Enforcement Expert Allowed to Opine on Civilian Participation
This action arises out of the execution of search warrants on three properties owned by one or more of the Plaintiffs, John Andros and his wife, Julie Andros (together the “Androses”), Kings Parkway, LLC d/b/a 67 Motors (“67 Motors”), and Ideal Transport, LLC. The locations searched were the Androses’ home located at 172 Primrose Lane,…
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Nutrition Expert Not Allowed to Opine on FTC Compliance
This putative class action involves claims that a manufacturer falsely marketed its pediatric nutrition beverage as helping children grow taller. Joanne Noriega sued Abbott Laboratories (“Abbott”), claiming that the packaging and marketing of its beverage, PediaSure Grow & Gain (“PediaSure”), has thus misled consumers. Noriega claimed that she purchased PediaSure for her grandson based on…
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Public Health Expert Not Allowed to Opine on N95 Respirators
Plaintiff Shonna Hunter brought a religious discrimination claim against her former employer Defendant PeaceHealth. Plaintiff offered the expert testimony of Dr. Michael J. Mina, MD, Ph.D., who opined that PeaceHealth could have accommodated Plaintiff with N95 respirator and “regular testing” in lieu of vaccination. PeaceHealth filed a motion to strike Mina’s testimony as irrelevant and…
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Real Estate Expert Not Allowed to Opine on Undue Hardship
On September 24, 2024, Plaintiff Pharilyn Chhang filed the operative second amended complaint against Defendants West Coast and Sergio Madrigal, alleging causes of action under the Fair Housing Act (FHA), California Fair Employment and Housing Act (FEHA), wrongful eviction; invasion of private right to occupancy; and breach of duty. Plaintiff claimed that she is a disabled…
