Tag: Expert Testimony
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Insurance Expert Witness Barred From Opining On Electrical Equipment’s Sensitivity to Water Damage
On March 10, 2023, Subrigo International Corporation (“Subrigo”) initiated a lawsuit against Sentinel Insurance Company (“Sentinel”) in the Los Angeles Superior Court. Shortly thereafter, Sentinel transferred the case to the Federal Court. Subrigo’s claims arose from Sentinel’s refusal to cover property damage caused by flooding at its business location. Subrigo operated a data center in…
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Intellectual Property Expert Witness Cannot Cloak her Testimony on Validity with her Experience
EPP and Paveloc both construct and sell “erosion prevention” systems that are used in retaining walls. The systems are made up of interlocking hiocks. EPP has a patent on its “Channel Lock II block” (US Patent No. 8,123,435) (“the 435 patent”). At some point the business relationship soured. Paveloc stopped making the EPP product and began…
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Court Accepts Latent Fingerprint Expert Witness’ Analysis Despite the Subjective Nature of Comparing Prints
On August 14, 2022, a man dressed in black and wearing a camouflage baseball hat entered a Ross store on Coors Blvd. He approached the cash register with a box of tweezers but, instead of paying, allegedly pulled out a handgun and demanded money from two cash registers at the front of the store. After…
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Data Analysis Expert Witness’ Testimony Admitted Despite his Failure to Incorporate Extraneous Factors in his Analysis
Defendants, M&J Management Company, LLC, d/b/a The Sexton Companies own and operate multiple multi-family housing units in Indianapolis and St. Joseph County, Indiana. Defendants have an occupancy standard of two occupants per bedroom that applies to all floor plans, regardless of the age of the occupants. Plaintiff, Fair Housing Center of Indiana alleged that Defendants’ occupancy…
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Law & Legal Expert Witness’ Testimony on Insurance Claims Handling Practices Admitted
Plaintiff Debra O’Neal filed a lawsuit against Defendant State Farm Fire and Casualty Company (“State Farm”) under the Washington Insurance Fair Conduct Act (“IFCA”) for its handling and denial of her claim for coverage of personal property allegedly stolen from a storage facility. In response, State Farm moved to exclude O’Neal’s insurance expert witness, Robert…
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Civil Engineering Expert Witness’ Opinion that the Roof Requires Full Replacement is Not Mere Speculation
Plaintiff Franklin Square Condominium Owner Association alleged that a hailstorm on April 28, 2021, damaged its property at 817-831 Old Ranch Road 12, San Marcos, Texas 78666. Franklin Square filed a claim with its insurance company, Defendant AmGuard Insurance Company. Plaintiff alleged that AmGuard breached the insurance contract by failing to pay the full amount…
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Radiology Expert Witness’ Specific Findings As to the Plaintiff’s Spine Area Admitted
On December 9, 2021, Plaintiff Darryl Everson was driving in Montz, Louisiana, when he claimed that Defendant David Rugg (“Rugg”) negligently felled a tree along the roadway. The Plaintiff contended that the tree landed on his car, causing injuries to his back and neck. Additionally, Plaintiff alleged that Rugg was employed by Defendant Romesberg Trucking…
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Industrial Hygiene Expert Witness’ Testimony Regarding the Mitigation Performed Admitted
Plaintiff, MacNair, owned the immovable property located at 526-528 Belleville Street, New Orleans, Louisiana 70114 which she insured through Chubb. MacNair lived on one side of her home and rented out the other side. On August 29, 2021, Hurricane Ida caused severe damage to MacNair’s property including the roof, all elevations and all rooms in…
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Proposed Expert Witnesses Barred from Evaluating Psychological and Economic Damages
Domski filed this lawsuit on August 11, 2023, alleging that she was wrongfully terminated from her employment by defendant Blue Cross Blue Shield of Michigan after she refused to comply with the company’s COVID-19 vaccination policy. Domski worked for Blue Cross Blue Shield from March 10, 2008 until her termination on January 5, 2022, most…
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Legal Ethics Expert Witness’ Opinions Regarding a Conflict of Interest on Coverage Admitted
Plaintiff, Ansur America Insurance Company, sued Defendants, James A. Borland and Quinn, Johnston, Henderson & Pretorious, Chtd., an experienced defense lawyer and his law firm, for alleged legal malpractice in handling a complex product liability case in St. Clair County, Illinois. Plaintiff alleged that Defendants failed to meet the standard of care in representing Plaintiff…
