Tag: Expert Testimony
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Expert Testimony Curtailed in Defective Conveyor Case
In July 2022, while working at Tyoga Container Company’s facility, William Borden stepped onto a mesh belt conveyor manufactured by Mainline Conveyor System, Inc. The conveyor unexpectedly activated and threw him off, causing severe lacerations to his left knee and lower leg. Borden claimed that the conveyor was defective and unreasonably dangerous. In August 2023,…
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Forensic Accounting Expert’s Valuation Testimony Without Deductions Admitted
Platinum Services, Inc. filed a lawsuit against the United States, acting through the Department of Defense (DoD), alleging breach of contract. The dispute centered on the transportation of 45 shipments of household goods for military service members during the summers of 2016, 2017, and 2018. Platinum claimed it had entered into an agreement with the…
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Defamation Expert’s Testimony on Economic Damages Excluded
Plaintiff Brian Menge, a former police detective with the City of Highland Park, Michigan, brought a claim against Defendant Khursheed Ash-Shafii, a Highland Park city councilman, alleging that Ash-Shafii unlawfully retaliated against him in violation of the First Amendment because of Menge’s successful settlement of a prior lawsuit against the City. The retaliation consisted of…
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Law Enforcement Expert Was Not Allowed to Opine on the Existence of Probable Cause
This matter arises from Plaintiff Gina Kuhlman’s arrest by Officers David Grasha and Samantha Haggerty of the Cleveland Division of Police, for operating a motor vehicle under the influence (“OVI”) and for refusing to submit to a drug and alcohol test. To support her case, Kuhlman offered the expert reports of Rajeve Saini and Timothy…
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Numismatics Expert’s Testimony on the Proper Classification of the Coins Admitted
This is a fraud action the Commodity Futures Trading Commission (CFTC) and thirty States (collectively, the “government”) brought against Lucas Asher and Simon Batashvili (Individual Defendants) and the entities through which they operated. This case deals with Metals.com and the precious metals it sold to consumers from approximately 2017 to 2020. Through Metals.com, TMTE, Inc.,…
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Economics Expert’s Testimony on Anti-Discounting Policies Admitted
Plaintiffs sued Amazon.com, Inc., claiming that the company violated the Sherman Act. They contended that Amazon denied customers the “benefits of lower prices and fees” that would arise in a competitive market; and they said Amazon did so by imposing on third-party sellers “Most Favored Nation” policies that cause customers to pay supra-competitive prices. Plaintiffs’ economics…
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Obstetrics Expert’s Testimony on Brain Damage Limited
Elizabeth Reyes and her minor daughter G.T. sued the United States, Bronx Lebanon Hospital Center, BronxCare Health System, and two doctors over G.T.’s permanent medical conditions, which the Plaintiffs alleged were caused by mistakes made during Reyes’ labor and delivery and G.T.’s neonatal care. The Bronx Lebanon Defendants filed a motion to preclude Plaintiffs’ obstetrics…
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Law Enforcement Expert’s Testimony on Conspiracy Membership Excluded
The Government charged Xiong Lin with conspiracy to distribute, and to possess with intent to distribute, controlled substances. From approximately May through at least September 2022, Lin allegedly conspired with others—known and unknown—in the District of Massachusetts and elsewhere to distribute cocaine and MDMA. Government filed a motion in limine to exclude the testimony of…
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Neuroradiology Expert’s Supplemental Report Excluded Because It Adds New Opinions
Plaintiff, Lori Mendez suffered a head injury while she was shopping at a Hobby Lobby store in Reno on June 5, 2021. It all started when she reached for an item on a shelf that was higher up. The shelves were close together and as Mendez grabbed an item off of the lower shelf, the top…
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Transportation Safety Expert Barred from Offering Opinions on Kent & Smith’s Safety Culture
This suit arises from a motor vehicle accident that occurred on September 7, 2018, in Vinton, Louisiana. Plaintiffs alleged that Billy Smith was operating a 2016 Kenworth T880 while traveling westbound on Interstate 10 on that date. The vehicle was outfitted with Chinese-manufactured steel belt radial truck tires, distributed by CMA under the trade name…
