Tag: Expert Testimony
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Psychiatry Expert’s Testimony Rejected for Injecting Subjective Characterizations
On September 3, 2020, Plaintiffs Dalila Yeend and Bounnam Phimasone (together with Elvin Minaya Rodriguez, Lisa LaPointe, and Shantadewie Rhamee, “Plaintiffs”) commenced this action against Akima Global Services, LLC a/k/a AGS (“AGS” or “Defendant”) in New York State Supreme Court, asserting state law claims pertaining to their civil immigration detention at the Buffalo Federal Detention…
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Audiology Expert’s “Chart Note” is Not a Proper Expert Report
This case stems from a rear-end, chain-reaction accident. Plaintiffs alleged that, on or about June 16, 2019, Plaintiff Miranda Allen was driving northbound on Interstate 5 in Skagit County, Washington, with Plaintiff J.M. as a passenger in her vehicle. While Plaintiff Allen’s vehicle was stopped in traffic, Defendant Martin Barratt, also driving northbound on Interstate…
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Materials Science Expert’s Supplemental Report Excluded Despite a Compelling Explanation for the Tardiness
This is an insurance coverage dispute. Defendant Church Mutual Insurance Company (“Church Mutual”) insured Plaintiffs’ property. Hail damaged the property’s roof. The parties dispute whether the damage falls within Plaintiffs’ insurance policy, which precludes coverage for cosmetic damage. Plaintiffs sought to exclude the expert testimony of Christine Conner, Mark Kubena, and Ronald Dutton on the…
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Prison Management Expert Allowed to Opine on PREA Compliance
Plaintiff C. Jay Smith is a transgender woman who has been housed in men’s prisons for decades. The facts at issue in this case pertain to Plaintiff’s incarceration at San Quentin State Prison from 2013 to 2019, though she has been housed at the California Medical Facility in Vacaville since June 2019. Plaintiff filed a…
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Law And Legal Expert’s Testimony on the Existence of an Attorney-Client Relationship Excluded
Plaintiff Iron Tax, Accounting & Financial Solutions, LLC (“Iron Tax”) brought this suit against Defendants Story Law Firm, PLLC and Travis W. Story (collectively, “Defendants” or “Story”) for legal malpractice. The claims here arise out of an underlying suit that resulted in a default judgment being entered against Iron Tax for failing to timely file…
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Internal Medicine Expert’s Testimony Partly Excluded Because He Made Credibility Determinations
This is a medical malpractice case arising primarily out of the treatment provided to Plaintiff’s father, Santos González Ponce (“Mr. González”) at co-Defendant Doctors’ Center Hospital and Caribbean Medical Center (“CMC”) by Defendants Dr. Glorimar Santos Llanos, Dr. Glorimar Santos-Rodríguez, and Dr. Iolani García-Rosario (“Dr. García”) at those medical institutions. Plaintiff argued that Dr. Miguel…
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Emergency Medicine Expert Allowed to Testify Because of His Familiarity with Springfield’s Medical Community
Plaintiff, Ashley Huddleston was born with a genetic condition called muscular dystrophy, which required her to be in a wheelchair and utilize a tracheostomy since age 11. On December, 2021, at around 2:36 p.m., Plaintiff presented to the Tristar Northcrest Medical Center ED with low oxygen, shortness of breath, and a history of muscular dystrophy…
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General Surgery Expert Was Barred From Using the Precise Legal Phrase “Deliberately Indifferent”
Dezmen McBride was booked into custody at the W.C. “Dub” Brassell Detention Center on May 21, 2021. McBride died 15 days later on June 5, 2021, at the age of 18 years old. Deborah McBride commenced this action alleging that County Defendants and Separate Defendant Lieutenant Samuel Baker, Jr., in his individual capacity: were deliberately…
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Technology Expert Allowed to Testify Despite Not Using the Software Systems at Issue
Plaintiffs Donna Wood, Caelan Doherty, Max Goldstein, Bridget Logan, James Kyle Newman, Lakisha Watson-Moore, Tristan Angulo, Alexandra Marie Wheatley-Diaz, Robin Ceppos, and Nick Coker (together, “Plaintiffs”), individually and on behalf of all others similarly situated, bring this collective and class action against Mike Bloomberg 2020, Inc. (the “Campaign” or the “Defendant”), asserting claims under the Fair…
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Intellectual Property Expert’s Opinions may Assist the Jury’s Statutory Damages Determination
Plaintiffs manufacture, market, and sell premium, luxury, and sports eyewear products, including Ray-Ban, Oakley, and Costa. Plaintiffs own several trademarks for these various brands in the United States. Defendants own and operate the Beach Blvd. Flea Market (the “Flea Market”), in Jacksonville. This is a contributory trademark infringement case involving the repeated display and sale…
