Tag: Expert Testimony
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Civil Rights Expert Witness’ Opinions About Defendant’s Conduct Limited
Plaintiff, Erika Pogorzelska filed this action in August 2019. She alleged in her remaining claims that VanderCook, a school she attended, violated Title IX of the Education Amendments of 1972 (“Title IX”) and the Illinois Civil Rights Remedies Restoration Act by its deliberate indifference to her allegations that she was sexually assaulted and battered by…
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Testimony of Plant Genetics Expert Witness Based on his own Academic Research Admitted
A district judge in Arizona decided against excluding the testimony of a plant geneticist considering his specialized technical expertise in wheat genetics and breeding. Plaintiff, Calyxt Inc. is an agricultural company specializing in gene-editing technology for crops like wheat and soybeans. In October 2019, Calyxt planted a genetically engineered high fiber wheat (“HFW”) product in two…
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Court refuses to exclude expert testimony on the application of local zoning regulations
In 2014, Plaintiffs asked Defendant to rezone a parcel of land from Agricultural (“AG-2”) to Community Facilities Planned Development (“CFPD”). They needed the rezoning to build a 72-bed residential substance abuse treatment center and detoxification facility. Plaintiffs were initially successful. Defendant’s staff and hearing examiner recommended rezoning because the facility was compatible with the surrounding…
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Retirement Plan Expert Witness’ Recordkeeping Fees Calculation Rejected
A district judge in Pennsylvania refused to admit the Retirement Plan Expert’s opinions on “excessive” recordkeeping fees being charged. Plaintiff, John McCauley accused PNC Financial Services Group and a Committee appointed to oversee the administration of PNC’s 401(k) Plan of breaching their fiduciary duties under ERISA by allowing the Plan to pay “excessive” fees to…
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Appliances Expert Witness’ Testimony Fails to Establish the Manufacturing Defect Claim
Roger and Reuki Schutt (the “Schutts”) are the owners of a house located at Canton, Massachusetts. On April 24, 2019, the house sustained water damage resulting in the payment of insurance benefits by Safety to the Schutts. The water damage was determined to have originated from a leak in a water filter system manufactured and sold…
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Medical Expert Witnesses’ Testimony about Plaintiff’s Damages and Personal Injuries Limited
This lawsuit arises from a minor automobile accident that occurred at approximately 1:30 p.m. on October 9, 2020, in Española, New Mexico. Plaintiff Charles Hartung (“Plaintiff”) was a passenger in a four-door GMC pickup operated by his friend Ralph Andrew, Sr. Plaintiff. Gommert, a salesman employed by McLane, entered the road from an adjacent gas…
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Correctional Healthcare Expert Witness’ Testimony on the Risks of MOUD in Correctional Settings Excluded
A district judge in West Virginia barred the Correctional Healthcare Expert from opining that there was no evidence of medical malpractice, deliberate indifference, discrimination, or negligence. Joseph Taylor has struggled with opioid addiction for nearly half his life. He is diagnosed with Opioid Use Disorder (“OUD”) and is treating this chronic brain disease with Medications…
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Security Expert Witness’ Opinions Admitted because of its Strong Factual Basis
A district judge in New Jersey admitted the testimony of the security expert despite the opposing party contending that it was based on his own personal, subjective beliefs. The present case arises out of Plaintiff, Ebony Thames’ fall from the roof of Bally’s Wild West Casino in Atlantic City, New Jersey. On April 6, 2019,…
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Testimony of Audio Engineering Expert Witness Admitted Despite Being Based on Assumptions
This case arises out of the shooting of Plaintiff Jake L. Sheeler (“Plaintiff”) on September 25, 2020 by officers of the Pocatello Police Department. Plaintiff Jake Sheeler was on the run from the police at the time that he was shot. He stole a Taurus Judge (a .45 caliber handgun) from a resident of Pocatello,…
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Law Enforcement Expert Witness’ Report Criticizing the Actions of SPD Deemed Conclusory
A district judge in Washington refused to admit the Law Enforcement Expert Witness’ testimony with regard to the claims of outrage, negligence and assault filed against the Seattle Police Department. On May 30, 2020, organizers planned two demonstrations in downtown Seattle to protest the May 25, 2020 killing of George Floyd in Minneapolis: (1) “The…
