Tag: Expert Testimony
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Education Expert’s Testimony on School Procedures Excluded
Haverford School identified concerns with a student James’ behavior and asked his parents to withdraw him from the school mid-year. While James’ parents, the Does, acknowledged their son’s behavioral issues, they nevertheless disputed the school’s narrative of his behavior during that period. They concluded that the school asked for James’ withdrawal because he reported racial…
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Psychology Expert’s Opinion on Social-Media-Facilitated Sex Trafficking Admitted
This case arises under the Trafficking Victims Protection Reauthorization Act (TVPRA), which provides victims of sex trafficking a civil remedy against the perpetrators and beneficiaries of their trafficking. Plaintiff Doe (C.L.F.) filed this action to recover for alleged harm she experienced from being trafficked at a Motel 6 in Wichita, Kansas, that she claims was…
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Industrial Hygiene Expert’s Testimony on Increased Exposure to PCBs Admitted
Plaintiffs Josepha Austin, Robin Cruz, Gordana Pobric, and Jennifer Haselman brought this action claiming physical, cognitive, and emotional harm resulting from their exposure to polychlorinated biphenyls (“PCBs”). Defendants Monsanto Company, Bayer CropScience, L.P., Solutia, Inc., and Pharmacia L.L.C. (collectively “Monsanto”) filed a motion to exclude the testimony of Kevin Coghlan. Plaintiffs intended to call Coghlan…
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Social Work Expert’s Testimony on Gender Identity Admitted
Plaintiffs Elizabeth Mirabelli, Lori Ann West, and others brought this action on behalf of themselves and a putative class challenging school district policies regarding the social transition of students who identify as transgender. The central dispute concerns whether California’s public school teachers and staff may notify parents when a student uses a different name or…
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Law Enforcement Expert’s Testimony on the Use of Soft-Empty-Hand Control Limited
Plaintiff Jeffrey Fulkerson accused Deputy Keegan Kirkpatrick of the Nelson County Sheriff’s Office (“NCSO”) of using excessive force during his arrest. Defendants retained Brian S. Batterton as a “police practices expert.” Batterton’s report contains three opinions: “(1) Based upon the facts and reasons contained Paragraphs 25 through 41 . . . a reasonable and well-trained…
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Economics Expert’s Opinion on Copyright Damages Excluded
Plaintiff The Upper Deck Company (“Upper Deck”) sued its former contractor, Ryan Miller (“Miller”), and its competitor, Ravensburger North America Inc. (“Ravensburger”), for claims arising from the alleged copying of Upper Deck’s new trading card game (“TCG”), Rush of Ikorr. Miller filed motions to exclude Plaintiff’s expert witnesses Dr. Roberto J. Cavazos and Dr. Ian Bogost while…
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Compliance Expert’s Testimony on the Marketability of the Olivetol Excluded
Noramco and Dishman entered into a contract (“the Supply Agreement”) under which Dishman agreed to provide Noramco with a large amount of olivetol, an ingredient used in the manufacture of pharmaceutical products. The Supply Agreement required Dishman to supply Noramco with olivetol manufactured at Dishman’s facilities in India. The Agreement represented that those facilities were “c-GMP…
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Trucking Expert’s Testimony on the Preventability of the Accident Excluded
This case arises from a fatal automobile accident that occurred on September 22, 2017. Blake Haddox was traveling southbound on a motorcycle as Defendant Nicholas Roshon Moore drove a semi-truck in a northbound lane and turned left across traffic. The two collided, and Haddox died as a result. Defendants Central Freightlines, Inc. and Nicholas Roshon Moore (collectively,…
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Compliance Expert’s Testimony on the Hallmarks of a Pill Mill Excluded
Defendant Heather Marks, a nurse practitioner, is charged in a Superseding Indictment with distributing and conspiring (with her former co-defendant, Hemal Mehta, M.D.) to distribute Schedule II controlled substances outside the usual course of professional practice and without a legitimate medical purpose. The Defendant also sought to introduce the testimony of Michael W. Staples, CMBI, as…
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Anesthesiology Expert’s Testimony on the Value of Promotion Admitted
Plaintiff, Dr. Sheldon Goldstein, a former physician in the Department of Anesthesiology quit his employment when in 2021, he did not receive apromotion to Professor on the Clinical Educator Track, the same promotion he did not attain the year prior. Goldstein alleged that he was subjected to discrimination and harassment because of his disability in…
