Tag: Expert Testimony
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Hepatology Expert’s Testimony About an Increased Risk of Liver Cancer Admitted
Wexford Health Sources, Inc. was the company hired by the State of Illinois to provide medical care to inmates across the state’s prison system. One of those inmates, Paul Daval, filed a lawsuit against certain Wexford employees, accusing them of showing deliberate indifference to his serious medical condition. Daval alleged that while he was incarcerated…
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Trademarks Expert’s Testimony on Fraudulent Procurement Excluded
This is a trademark infringement dispute between the franchisor, Spice Merchants Entities Corp., owned by Lisa Freeman, and its former franchisee, Pretty Colorado, owned by Corine Winslow. Freeman alleged violations of the “Breckenridge Tea & Spice” mark and claimed that Winslow and Pretty Colorado are using the same trade dress as the Spice franchises. Plaintiffs…
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Engineering Expert’s Opinions on Seats and Restraints Excluded
This action arises from injuries sustained by Christopher Fabricant, a 52-year-old pelvic surgeon, while riding the Kingda Ka rollercoaster at the Six Flags amusement park located in Jackson, New Jersey. Defendants challenged the admissibility of Plaintiffs’ expert Edward M. Pribonic, who was retained to “conduct an engineering review and mechanical analysis to determine the mechanisms…
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Forensic Engineering Expert’s Testimony on Industry Safety Standards Admitted
Plaintiff Hui Wang brought suit against Omni Hotels Management seeking damages from a fall she suffered on September 25, 2018, in the lobby of the Omni New Haven Hotel at Yale. Wang alleged that she fell due to “water that had accumulated on the floor” and that Omni was negligent in allowing that water to…
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Forensic Pathology Expert’s Conclusions About the Cause of Death Admitted
This suit arises from a motor vehicle accident that occurred on September 7, 2018, in Vinton, Louisiana. Plaintiffs alleged that Billy Smith was operating a 2016 Kenworth T880 while traveling westbound on Interstate 10 on that date. The vehicle was outfitted with Chinese-manufactured steel belt radial truck tires, distributed by CMA under the trade name…
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Law Enforcement Expert Is Qualified Despite No Direct Experience with Philadelphia Police
Andrew Swainson filed a § 1983 claim against the City of Philadelphia. He challenged his 1989 conviction for Stanley Opher’s murder. He spent more than 30 years in prison. Swainson argued police officers fabricated and concealed key evidence. He said they created a false narrative of his flight to Jamaica. They also used a coerced…
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Oil and Gas Industry Expert is Qualified Despite Her Lack of Forensic Accounting Credentials
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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Construction Expert Barred from Testifying on Established Damages
The case arises from Belmere, L.P.’s claim that Steadfast Insurance Company failed to timely and adequately pay it proceeds due under its commercial lines policy after Belmere invested $26 million of its own funds to repair a 249-unit apartment complex in Houma, Louisiana that it alleged suffered “catastrophic damage” during Hurricane Ida. Through its lawsuit, Belmere…
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Tire Expert’s Impact Damage Theory Admitted
This suit arises from a motor vehicle accident that occurred on September 7, 2018, in Vinton, Louisiana. Plaintiffs alleged that Billy Smith was operating a 2016 Kenworth T880 while traveling westbound on Interstate 10 on that date. The vehicle was outfitted with Chinese-manufactured steel belt radial truck tires, distributed by CMA under the trade name…
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Mechanical Engineer’s Testimony on Blender Design Excluded
Plaintiff Lori Lynne Hoff brought a product liability claim against Defendants Capital Brands, LLC and NutriBullet, LLC under the New Jersey Products Liability Act, alleging a design defect in the NutriBullet 600 blender. On February 17, 2020, Hoff used the blender to make celery juice, combining water and chopped celery below the max fill line.…
