Tag: Expert Testimony
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Accounting Expert Witness’ Report Indicated Missing Data Points
Between 1983 and 1986, MSI, a music company solely owned by Nealy, engaged a number of recording artists and created a catalog of popular sound recordings and musical compositions. MSI was administratively dissolved in 1986, and Nealy was arrested and later sentenced to a twenty (20) year prison term in late 1988. During Nealy’s first…
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Forensic Expert Witness’ Testimony About Use of Deadly Force Admitted
In November 2020, Defendant and another deputy were attempting to serve felony arrest warrants on Jacob Settle and Sophronia Whitehead at their residence. When the deputies arrived, Settle was in the driver’s seat of a truck. Settle did not comply with the deputies’ commands to exit the truck, and he started the truck and took…
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Drug Enforcement Expert Witness Allowed To Testify Despite Not Being A Pharmacist
Manes is a pharmacy that has served the Van Buren, Arkansas community for nearly 40 years. AmerisourceBergen is a wholesale distributor of pharmaceutical products, including controlled substances. This dispute arises from AmerisourceBergen’s decision to restrict its sale of controlled substances to Manes. Manes sued AmerisourceBergen for breach of contract, tortious interference with Manes’ business expectancies,…
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Demography Expert Witness Allowed to Analyse Various Maps At Issue
This is a vote dilution case where Plaintiffs challenge the configuration of Mississippi’s State Supreme Court districts, which, despite population changes and the passage of four Censuses, have gone unchanged since 1987. The result of this districting scheme is an unequal playing field for Black voters, such that Mississippi’s nine-member Supreme Court has never had…
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Law Enforcement Expert Witness’ Supplemental Report on Deviation from Police Practices Admitted
Plaintiff Kevin Strickland filed this lawsuit against the Kansas City, Missouri, Board of Police Commissioners and five Kansas City police officers for alleged unconstitutional conduct that resulted in his wrongful conviction. On June 21, 2024, Plaintiff issued its police practices expert, Russell Fischer’s supplemental report. The supplemental report is 2.5 pages long, and the revisions are…
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Neurology Expert Witness’ Testimony Excluded Because He Does Not Offer a Proper Medical Conclusion
This is a personal injury action stemming from an accident between two tractor trailers. On November 10, 2020, while operating a truck on behalf of his employer, Robert Hibbert was rear-ended by another tractor trailer. Witnesses noted that he “did not stop and was slumped over the wheel”; the EMS report indicated that Plaintiff, Hibbert…
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Statistics Expert Witness’ Potential Backpay Calculation Excluded
Named Plaintiffs Mary Alice Clark, Christopher Coulter, Aaron Perez, Kevin Nelson and Phillip Roscher (collectively, “Plaintiffs”), individually and on behalf of all others similarly situated, brought this putative collective action against Defendant Capital Vision Services, LLC d/b/a MyEyeDr (“MyEyeDr” or the “Company”), claiming that MyEyeDr misclassified all General Managers (“GMs”) and General Managers-in-Training (“GMITs”) as…
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Intellectual Property Expert Witness’ Testimony Excluded Because it Would Not Assist the Jury on the Issue of Functionality
Plaintiff, Southwestern Manufacturing, LLC alleged that it owned the “MULTI WEDGE” trademark in connection with a stylized wedge tool primarily used in the industrial and automotive industries (the “MULTI WEDGE Product”). Plaintiff alleged that it used the mark in commerce since May 2003 and received federal registration of the mark (the “MULTI WEDGE Mark”) on January 17,…
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Market Research Expert Witness’ Testimony Deemed Admissible Because of His Experience Conducting Surveys
Plaintiff, Wheel Pros, LLC and Defendants, Rhino Tire USA, LLC are engaged in the business of selling wheels and tires for vehicles and each owns trademarks in its respective brand. Wheel Pros owns various trademarks related to its “Black Rhino” brand and Rhino Tire own trademarks for their “Rhino” brand. Plaintiff brought this action against…
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Testimony of Finance Expert Witness Limited Because It Is Based on the Assumption That Economic Damages Are Inclusive of Lost Wages
Plaintiff, Paul Sullivan was employed as a GSI Analyst II in the City’s Public Works Department. His employment was terminated as part of a reduction in force (“RIF”). During a restructuring of the Public Works Department, which led to the RIF, the City eliminated both of its GIS Analyst II positions, one of which was…
