Tag: Expert Testimony
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Testimony of Life Care Planning Expert Witness Admitted Despite Claims of Rule 26 Deficiencies
The first-party lawsuit originated from a collision involving multiple vehicles on May 2, 2017. Plaintiffs Steve Watkins (“Mr. Watkins”) and Lisa Watkins (“Ms. Watkins”) were traveling in a vehicle in Harris County, Texas, when they were struck from behind and pushed into the vehicle in front of them. They were in the process of taking…
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Testimony of Music Engineering Expert Witness held to be based on Adequate Testing of Accused Products
This case was a patent dispute about electronic drum kits. The patents at issue involved technology that allowed electronic drums and cymbals to mimic the material and sensation of the drums and cymbals on an acoustic drum kit. The Plaintiff, inMusic Brands, Inc. (“inMusic”), sued the Defendant, Roland Corporation (“Roland”), alleging infringement of three of…
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Testimony of Firearms Expert Witness Emphasizing on Manufacturing Mistake Excluded
This product liability lawsuit involves Plaintiff’s use of a single-shot Thompson/Center Encore Pro Hunter rifle with a barrel chambered in .460 S&W caliber. Plaintiff had purchased and installed this new barrel in 2017, and he proceeded to use the rifle without incident for the next four years, firing it on at least thirty separate occasions…
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Fire Investigation Expert Witness Deemed Unqualified to Opine on Candle Design
On October 15, 2015, the Plaintiff ignited a brand new Bath & Body Works 3-wick candle and left it burning on her kitchen counter while she put her son to bed. Within 30 minutes, she asserted that the entire liquid wax pool inside the candle jar caught fire, resulting in a phenomenon known as a…
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Insurance Expert Witness Barred from Testifying as to which Party is at Fault
This case involves an accumulator universal life insurance policy purchased by Dr. Herbert Wiegand in 2000 when he was 82 years old. The insured was his second wife, Jean Wiegand (nee Walters), who was 80 years old at the time. The policy had a face value (death benefit) of $1.4 million and a maturity date…
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Insurance Expert Witness’ Testimony on Legal Parameters for Bad Faith Excluded
This case arises out of a dispute over three separate, consecutive, nonrenewable Short Term Medical (“STM”) insurance plans underwritten by Defendant American Financial Security Life Insurance Company (“AFSLIC” or “American”). The type of STM insurance (also referred to as “short term limited duration insurance” or “STLDI”) at issue here is relatively new, first being authorized…
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Pediatrics Expert Witness Testimony Limited Despite Thorough Medical Literature Review
Gerber Products Company sells several infant formula products. This case concerns Gerber Good Start Gentle (sometimes referred to below as “GSG”). Unlike most other infant formulas, which are made with “intact” cow’s milk protein, GSG uses cow’s milk protein that has been partially broken down (the technical term is “100% Whey-Protein Partially Hydrolyzed”). Good Start Gentle…
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Testimony of Automotive Engineering Expert Witness Limited for Lacking Evidence beyond his Subjective Opinion
This case arises out of Plaintiff Mark Riley’s claim that General Motors breached a contract and express warranty to repair his 2017 GMC Acadia vehicle (“Subject Vehicle”) in a reasonable time. The 3-year/36,000-mile limited warranty that accompanied the Subject Vehicle (“Limited Warranty”) provided for repair of covered defects occurring during the warranty period, subject to…
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Testimony of Vocational Rehabilitation Expert Witness Held to Emphasize on Relevant Factors
Defendant Amazon.com Services, Inc. (“Amazon.com”) initially hired Marcellus McMillian as a seasonal fulfillment associate and then promoted him to fulfillment associate in the make on demand department. Defendants employed him for more than a year, starting on January 11, 2017. McMillian’s back was injured in an unrelated car accident on or around August 3, 2017, and he went on…
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Securities Expert Witness’ Opinion on Defendant’s Breach of Fiduciary Duties Admitted
Plaintiffs are former Salesforce employees who participated in the Salesforce 401(k) Plan. They alleged Defendants breached their fiduciary duties to the Plan and Plan participants in violation of the Employee Retirement Income Security Act of 1974 (“ERISA”). Plaintiffs alleged the Investment Advisory Committee, Joseph Allanson, Stan Dunlap, and Joachim Wettermark (collectively, “Committee Defendants”) breached their fiduciary duty…
