Tag: Expert Testimony
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Bioengineering Expert’s Testimony on Medical Causation Admitted
Plaintiff Kai Evers commenced this diversity action against Defendants Bella Logistics, Inc. and Bradley Hoffman (collectively, “Defendants”) alleging that Hoffman, while acting in the scope of his employment for Bella Logistics, Inc., negligently operated a commercial tractor-trailer and caused the parties’ motor vehicles to collide. Plaintiff filed a motion in limine seeking to preclude Defendants…
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Class Action Expert’s Testimony on Residential Telephone Numbers Admitted
Kelly Usanovic brought this class action suit for injunctive relief and an award of statutory damages in response to real estate brokerage firm EXP’s alleged violation of the Telephone Consumer Protection Act (“TCPA”). Usanovic alleged that EXP directed its agents to place unsolicited calls to consumers’ telephone numbers who are registered on the National Do…
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Internal Medicine Expert’s Testimony on a Syncopal Episode Admitted
On June 3, 2020, Matthew Vomero was driving a tractor trailer when his vehicle crashed into a building insured by Travelers Home and Marine Insurance Company (“Travelers”). At the time of the accident, Vomero was acting in the course and scope of his employment with U.S. Xpress. The parties dispute whether Defendants have presented admissible…
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Mechanical Engineering Expert Allowed to Opine on Clear Warnings
This lawsuit arises out of the death of Timothy L. Stringer (“Stringer”) resulting from a May 15, 2021, explosion on an offshore oil and gas production platform owned by Fieldwood Energy LLC (“Fieldwood”). At the time of the accident, Stringer was working on the platform and, along with another employee, was performing a pressure integrity…
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Human Resources Expert Was Not Allowed to Opine on an Employer’s Obligations
Plaintiff Andrew Brown alleged that CSX Transportation, Inc. violated his rights under the Family and Medical Leave Act (FMLA) by subjecting him to CSX’s attendance policy and by suspending and ultimately terminating him for taking FMLA leave. Brown hired Beth De Lima, a “Human Resource / Vocational Rehabilitation consultant,” to offer an expert opinion on…
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Industrial Hygiene Expert’s Testimony on Asbestos Exposures Admitted
In this litigation, Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner (collectively, “Plaintiffs”) alleged that Decedent Michael P. Dandry, Jr. (“Decedent”), while an employee for Defendant Huntington Ingalls Incorporated (“Avondale”), was exposed to asbestos and asbestos-containing products manufactured, distributed, sold, and/or handled by Avondale and other parties. Avondale filed a Dabuert motion to exclude the testimony…
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Beauty Industry Expert Was Allowed to Opine on Skinnification
Plaintiff Vicious Brands, Inc., doing business as Saints & Sinners, brought this action against Defendants Face Co., LLC, Skin Saint, LLC, and Holly Cutler, alleging that Defendants infringed Plaintiff’s trademark and falsely advertised Defendants’ skincare products. Plaintiff relied in part on an expert declaration of Karen Young, a beauty industry consultant. Defendants challenged the declaration…
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Economics Expert’s Testimony on Lost Productivity Excluded
This case involves alleged damage to a plasma cutter that was to be used for a welding business. Plaintiff Giger Welding and Fabrication, LLC (“Giger”), purchased a plasma cutter from an auction in Texas to assist with its welding business in Missouri. To get the plasma cutter to Missouri, Giger contracted with Defendants DFW Movers…
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Radiation Oncology Expert’s “State of the Art” Opinions Admitted
In this litigation, Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner (collectively, “Plaintiffs”) alleged that Decedent Michael P. Dandry, Jr. (“Decedent”), while an employee for Defendant Huntington Ingalls Incorporated (“Avondale”), was exposed to asbestos and asbestos-containing products manufactured, distributed, sold, and/or handled by Avondale and other parties. Avondale filed a Dabuert motion to exclude certain…
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Data Science Expert Was Not Allowed to Opine on Uncompensated Hours
Plaintiffs Keith Fischer, Michael O’Sullivan, John Moeser, Louis Pia, Thomas Barden, Constance Mangan, and Charise Jones, (collectively “Plaintiffs”), sought class action certification for their claims against Government Employees Insurance Company (“GEICO”) for failing to pay overtime wages in violation of the New York Labor Law (“NYLL”). Plaintiffs and the Class Members are current and former…
