Tag: Expert Testimony
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Insurance Expert Witness’ Testimony About the Industry Norms and Customs of the Insurance Adjustment Process Admitted
This claim arises from 2B’s negligent handing of an auto insurance claim brought by Harold and Milagros Lacey against GoAuto insureds, Alisha and Kayranasia Hill resulting from a motor vehicle accident in Panama City Beach, FL on July 31, 2020 (the “Lacey Claim”). GoAuto is a Louisiana-based insurance company that writes policies in Louisiana, Texas,…
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Business Valuation Expert Witness’ Alternative Bases of Calculating Alleged Damages Partly Rejected
In this trademark infringement action, Plaintiffs, Makina Ve Kimya Endustrisi AS (“MKE”) accused the Defendants, A.S.A.P. Logistics Ltd. of engaging in massive fraud when they offered to sell millions of rounds of Plaintiff’s military goods, to multiple purchasers, without permission or right. MKE’s damages expert, Pamela O’Neill, opined that MKE suffered millions of dollars in…
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Psychiatry Expert Witness’ Testimony Regarding the Criteria for Cannabis Use Disorder Admitted
Defendant Ryan Vangdy is charged with knowingly possessing firearms while being an unlawful user of a controlled substance. The government filed a motion to exclude Defendant’s expert, Dr. Gregory Nawalanic. The government argued that the Court can exclude Nawalanic under Rule 702 for several reasons, specifically that the testimony is irrelevant, unhelpful to the jury, only…
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Scope of Damages Identified by Insurance Expert Witness Admitted
This suit arises from alleged damage to Plaintiff, Curt Marcantel’s primary residence in Lake Charles, Louisiana, and his ranch in Singer, Louisiana, during Hurricane Laura. At all relevant times the properties were insured under policies issued by State Farm. Plaintiff filed suit in this court on June 6, 2022, alleging that State Farm had not…
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Marketing Expert Witness’ Testimony About the Digital Marketing Strategy Employed and Its Potential Returns Excluded
Plaintiff La Canada Ventures, Inc., is a health and beauty retailer offering cosmetic products. Defendant MDalgorithms is a company that offers computer software and app technology for education and advice about the treatment of acne. Both parties create and market skin and haircare products with the root mark “MD.” Plaintiff brought this action against Defendant,…
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Accident Reconstruction Expert Witness’ Testimony Admitted Because He Relied on Peer-Reviewed Studies
This is an automobile negligence case alleging that the Plaintiffs, Fred Young and Jeff Firman were permanently injured in a rear-end collision by an employee of the Defendant, Panera, LLC. The Defendant has retained and plans to call biomechanical engineer Ming Xiao, Ph.D., in its case-in-chief. Plaintiffs requested the Court to exclude certain testimony of…
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Marketing Expert Witness’ Testimony on Statutory Damages Rejected
Plaintiff Amy Lee Sullivan is suing Defendant Flora, Inc. for copyright infringement of 33 illustrations that she created for Flora as part of two advertising campaigns. Sullivan offered the testimony of a financial evaluation expert, Dennis Kleinheinz. Sullivan wanted to present Kleinheinz’s calculations on Flora’s profits but the Court reserved the ruling on Sullivan’s motion…
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Opinions of Walkway Safety Expert Witness on Hazard and Standard of Care Excluded
Plaintiff Logan Demboske (“Demboske”) alleged in this premises liability action that he slipped and fell on or about January 30, 2023, on “a transitory foreign substance.” Demboske has retained David Collette as a walkway expert. In Collette’s expert report, he contended that Demboske slipped and fell on a liquid contaminant on a vinyl floor, coated…
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Court Limited Marketing Expert Witness’ Testimony Based on Surveys Focusing on Products and Intellectual Properties
Plaintiff, Hawaii Foodservice Alliance alleged that Defendant Meadow Gold Dairies Hawaii, LLC (“MGDH”) used phrasing and imagery suggesting that the Meadow Gold brand products are sourced in Hawai`i, and these activities are misleading and deceptive because the Meadow Gold products contain milk and other products that are imported from the continental United States. Defendants Hollandia…
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Forensic Engineering Expert Witness’ Opinions Admitted as they are Pertinent to the Negligence Inquiry
This matter asrises from a slip and fall incident that occurred on May 10, 2020, at the Smith’s grocery store located at 7130 North Durango Drive in Las Vegas, Nevada. Plaintiff, Sierra Golia-Huffman alleged that she slipped and fell on liquid in the floral department while holding her child. Smith’s has produced surveillance footage indicating…
