Tag: Expert Testimony
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Finance Expert Allowed to Opine on Damages and Disgorgement
Through various entities (hereinafter, the “Tarter Companies”), the Tarter family operates a large animal management and farm gate manufacturing business. Principally at issue in this case are the business transactions between Plaintiff C-Ville Fabricating, Inc. (doing business as Tarter Industries), and Defendant Hong Kong QMC Industry Company, LTD (“QMC”). Defendant Josh Tarter is a shareholder…
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Psychology Expert Allowed to Opine on False Confessions
Plaintiff Mark T. Craighead brought this action in connection to a 2002 wrongful conviction of manslaughter and possession of a firearm during the commission of a felony for the 1997 homicide of his friend Chole Pruett. Craighead was exonerated twenty-one years later, then he filed this federal civil rights action for malicious prosecution and violations…
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Privacy Expert Was Not Allowed to Opine on ECPA and SCA
Plaintiff sued Defendants for their purported involvement in unlawfully accessing and disclosing confidential financial information pertaining to him, and to others similarly situated to him, in connection with a state court case against Plaintiff’s accountant. As part of the discovery in that case, which involved claims against the accountant for contractual breaches and related business…
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Healthcare Expert Not Allowed to Opine on Information Blocking
Intus and RTZ both work with Program of All-Inclusive Care for the Elderly (“PACE”) facilities, which provide care to elderly patients who live in non-institutional settings in the community. RTZ developed the PACECare software system and licenses it to PACE facilities to help manage data, including patients’ electronic health information (“EHI”). Some PACE facilities also…
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Law And Legal Expert Allowed to Opine on Competent Representation
This legal malpractice action arises from Defendants’ representation of Plaintiffs in an eminent domain proceeding involving the Westside Connector project. Defendants retained Kannon Conway, Esq., an experienced eminent domain attorney, to opine on the applicable standard of care and the viability of a challenge to the taking. Conway concluded that any such challenge would have…
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Safety Expert Allowed to Opine on Effectiveness of Warning Signs
Plaintiff Anthony Rebmann sues Astec, Inc. d/b/a Astec of Tennessee and Astec Industries, Inc. (collectively, “Astec”) based on an incident on March 19, 2020, when, in the course of his employment at an asphalt plant, his left hand became entangled in an Astec baghouse screw conveyor. Astec has answered and has also filed a Third-Party…
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Maritime Expert’s Testimony on Security Staff Excluded
On January 10, 2025, Plaintiffs filed their First Amended Complaint against Defendant, alleging they suffered injuries when a wholly unprovoked group of highly intoxicated passengers (“the Aden Family”) physically assaulted and battered them while attending a “White Party” on the Defendant’s Vessel. The Plaintiffs, other than Daniella Dos Santos Vieira (“Plaintiff”), settled their claims with…
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Exercise Expert Allowed to Opine on the Quality of NAFTA’s Services
Over three decades ago, Plaintiff Sherry Morton founded a health and fitness company called Millennium Health & Fitness, Inc. On November 1, 2023, Morton and Defendant BCAP GDI 1, Inc. (“Defendant” or “BCAP”) entered into a Stock Purchase Agreement, whereby Morton agreed to sellMillennium to BCAP. The same day, Plaintiff National Aerobics & Fitness Trainers…
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The Insurance Expert’s Testimony on Claims Handling Contained Deficiencies
This is an insurance coverage dispute arising from a car accident between Plaintiffs, in which Plaintiffs seek to enforce a liability insurance policy issued by Defendant to Plaintiff Anita Myers that was later assigned to Plaintiff Sarah Montalvan. Defendant sought to exclude the testimony of Peter Knowe, Plaintiffs’ designated insurance claims handling expert while Plaintiffs…
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Emergency Medicine Expert Not Allowed to Opine on Implicit Bias
Following her husband’s death from COVID-19 complications, Plaintiff I’Esha Short (I’Esha) brought this action seeking damages for the medical care he received at the St. Charles County Jail. Defendants sought to exclude the testimony of I’Esha’s lone expert, Joel Blackburn, a former medical director at a jail with extensive experience in emergency medicine. Emergency Medicine Expert…
