Tag: Expert Testimony
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Economics Expert’s Lack of Specialized Credentials Did Not Provide a Basis for Exclusion
Plaintiff Michael Ruiz (“Ruiz”) is suing his former employer, Defendant Magellan Financial & Insurance Services (“Magellan”), under the theory that his alleged demotion and subsequent termination were due to his race and national origin and that he was also subjected to a hostile work environment. Ruiz retained an expert, Michael J. Stokes (“Stokes”) of Beta…
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Mechanical Engineering Expert Permitted to Testify Despite Lacking Direct Experience with Debalers
On January 21, 2022, James Raeford Hatcher (“Hatcher”), an employee of South East Grinding, was fatally injured while attempting to unjam a debaler at his workplace. His clothing became entangled in the machine, and he was unable to stop its operation. The machine in question—a “Model BBU.90” debaler—was manufactured by Emerging Acquisitions, LLC. Plaintiff Connie…
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Expert Barred from Offering Inflammatory Opinions in Maritime Injury Case
Kyle Rak worked as a Jones Act seaman for C-Innovation, L.L.C. (“C-I”). On October 10, 2022, everything changed. According to Rak, his superintendent suddenly shoved him to the ground without warning. The incident left him injured and shocked. The next day, things got worse. C-I terminated Rak’s employment and, as he claimed, left him stranded…
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Dentistry Expert’s Testimony on Conscious Sedation Admitted
This case stems from allegations by the U.S. Department of Justice that Dr. Eli Jarjoura, a licensed dentist, illegally prescribed Schedule IV controlled substances without a “legitimate medical purpose . . . in the usual course of his professional practice.” Jarjoura instructed the patient to take one 0.25 mg tablet of triazolam and one 0.5…
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Statistics Expert’s Testimony on Discriminatory Employment Decisions Limited
The Plaintiffs had been employed by the Metropolitan Government of Nashville and Davidson County, Tennessee. They alleged in their lawsuits that, on May 4, 2020, they were either terminated or demoted for discriminatory reasons, and brought claims asserting many of the same legal violations. The Defendants filed two motions to exclude the testimony of Plaintiffs’…
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Expert Testimony on Future Economic Losses Did Not Rely on Improper Assumptions
This case concerns a maritime personal injury sustained by a Mexican citizen, who was legally working in the United States on a seasonal H-2B visa. To assess damages, Espinoza hired AsherMeyers, LLC, a dispute advisory and forensic accounting firm, to calculate his economic losses, which include his future loss of earning capacity, fringe benefits, and…
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Hepatology Expert’s Testimony About an Increased Risk of Liver Cancer Admitted
Wexford Health Sources, Inc. was the company hired by the State of Illinois to provide medical care to inmates across the state’s prison system. One of those inmates, Paul Daval, filed a lawsuit against certain Wexford employees, accusing them of showing deliberate indifference to his serious medical condition. Daval alleged that while he was incarcerated…
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Trademarks Expert’s Testimony on Fraudulent Procurement Excluded
This is a trademark infringement dispute between the franchisor, Spice Merchants Entities Corp., owned by Lisa Freeman, and its former franchisee, Pretty Colorado, owned by Corine Winslow. Freeman alleged violations of the “Breckenridge Tea & Spice” mark and claimed that Winslow and Pretty Colorado are using the same trade dress as the Spice franchises. Plaintiffs…
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Engineering Expert’s Opinions on Seats and Restraints Excluded
This action arises from injuries sustained by Christopher Fabricant, a 52-year-old pelvic surgeon, while riding the Kingda Ka rollercoaster at the Six Flags amusement park located in Jackson, New Jersey. Defendants challenged the admissibility of Plaintiffs’ expert Edward M. Pribonic, who was retained to “conduct an engineering review and mechanical analysis to determine the mechanisms…
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Forensic Engineering Expert’s Testimony on Industry Safety Standards Admitted
Plaintiff Hui Wang brought suit against Omni Hotels Management seeking damages from a fall she suffered on September 25, 2018, in the lobby of the Omni New Haven Hotel at Yale. Wang alleged that she fell due to “water that had accumulated on the floor” and that Omni was negligent in allowing that water to…
