Tag: Expert Testimony
-
Beauty Industry Expert Was Allowed to Opine on Skinnification
Plaintiff Vicious Brands, Inc., doing business as Saints & Sinners, brought this action against Defendants Face Co., LLC, Skin Saint, LLC, and Holly Cutler, alleging that Defendants infringed Plaintiff’s trademark and falsely advertised Defendants’ skincare products. Plaintiff relied in part on an expert declaration of Karen Young, a beauty industry consultant. Defendants challenged the declaration…
-
Economics Expert’s Testimony on Lost Productivity Excluded
This case involves alleged damage to a plasma cutter that was to be used for a welding business. Plaintiff Giger Welding and Fabrication, LLC (“Giger”), purchased a plasma cutter from an auction in Texas to assist with its welding business in Missouri. To get the plasma cutter to Missouri, Giger contracted with Defendants DFW Movers…
-
Radiation Oncology Expert’s “State of the Art” Opinions Admitted
In this litigation, Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner (collectively, “Plaintiffs”) alleged that Decedent Michael P. Dandry, Jr. (“Decedent”), while an employee for Defendant Huntington Ingalls Incorporated (“Avondale”), was exposed to asbestos and asbestos-containing products manufactured, distributed, sold, and/or handled by Avondale and other parties. Avondale filed a Daubert motion to exclude certain…
-
Data Science Expert Was Not Allowed to Opine on Uncompensated Hours
Plaintiffs Keith Fischer, Michael O’Sullivan, John Moeser, Louis Pia, Thomas Barden, Constance Mangan, and Charise Jones, (collectively “Plaintiffs”), sought class action certification for their claims against Government Employees Insurance Company (“GEICO”) for failing to pay overtime wages in violation of the New York Labor Law (“NYLL”). Plaintiffs and the Class Members are current and former…
-
Musicology Expert’s Testimony on Creative Correspondence Excluded
From approximately January 1995 through 1997, Plaintiff Robert Wheeler was in the band “Throwin Stones.” In January 1995, Throwin Stones recorded the songs for its only studio album. One of those songs was called Coffee. He alleged that John Mellencamp’s song Key West Intermezzo (I Saw You First) (“Key West”) copied the song Coffee. Plaintiff…
-
Packaging Expert’s Testimony on Storage of Non-Vintage Wines Excluded
Plaintiff April McElroy (“McElroy” or “Plaintiff”) was injured while attempting to open a bottle Mumm Napa Valley Brut Rose, a sparkling wine. The bottle broke causing lacerations to her left hand. McElroy has filed claims for her injuries against Defendants Pernod Ricard USA, Inc. (“Pernod”), Southern Glazer’s Wine and Spirits LLC, (“Glazer”) and Garfield Beach…
-
Economics Expert Was Allowed to Opine on Kidney Transplant Allocations
Plaintiff Anthony Randall (“Randall”) is an individual residing in Los Angeles, California. Randall identifies as Black. As of the time of the filing of his complaint, he was on the waiting list for a kidney transplant. Defendant United Network for Organ Sharing (“UNOS”) is a private nonprofit organization that manages the national organ transplant waiting…
-
Economics Expert Allowed to Opine on Pass-Through Damages Estimates
In this action, the Plaintiffs, the Attorneys General of most of the States and several U.S. territories (“the States”), alleged that twenty-six pharmaceutical companies (“the Defendants”) participated in an overarching conspiracy to fix prices, allocate markets, and rig bids in the sale of generic drugs for skin ailments, and are thus jointly and severally liable…
-
Forensic Engineering Expert Allowed to Opine on Tree Impact Damage
This matter arises out of an insurance claim filed by Plaintiffs, Grayson Smithand Savannah Smith, related to a tree impact that caused damage to their property located at 2811 Pebblewood Drive, Valdosta, Georgia 31602 on August 30, 2023. Auto-Owners retained expert Brent Boyd, a forensic engineer, to analyze the damage to the property. Plaintiffs’ arguments…
-
Hospitality Expert’s Testimony on Lost Investments Excluded
In this landlord-tenant dispute, Defendant Gator Flower Mound, LLC (“Gator”) asked the Court to exclude the damages testimony of Alan Someck, the expert witness designated by Plaintiff Arch & Eng, LLC (“Z Grill” or “Plaintiff”), as irrelevant and unreliable. Z Grill alleged economic injury due to problems with the premises it leased from Gator, the…
