Tag: Expert Testimony
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Neurology Expert Witness Barred from Opining on Effective Communication
Plaintiffs Jennifer Le Pape (“Mother”) and Frederic Le Pape (“Father”) (collectively, “Parents”), on behalf of their child, Alexandre Le Pape (“Alex”), and Alex, individually, (collectively, “Plaintiffs”) bring intentional discrimination claims under the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act (“Section 504”) against Defendant Lower Merion School District (the “District”), alleging…
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Law & Legal Expert Witness’ Testimony Excluded Because it Does Not Require Complex Analysis of Certain Documents
Elevation placed two orders for, and Icon delivered two shipments of, iHealth COVID-19 Antigen Rapid Test Kits (“Test Kits”) to Elevation pursuant to those orders. Elevation paid Gypset for the first shipment but refused to pay Icon for the second. In March, Elevation’s counsel sent a letter purporting to reject both the first and second shipment—the…
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Court Admits Law Enforcement Expert Witness’ Opinion on Police Tactics for Dealing with Pet Dogs
On September 6, 2018, Rochester Police Department (“RPD”) officers Jeremy Nellist (“Nellist”) and Joshua P. Kelly (“Kelly”) traversed through the backyard of Plaintiff Erin Gursslin’s (“Plaintiff”) property on St. Paul Street, in the City of Rochester (the “City”), during the course of executing a search warrant at a location three properties north of Plaintiff’s home.…
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Court Admits Pediatrics Expert Witness’ Specific Causation Opinion Based on Differential Diagnosis
For over 10 years, Fisher-Price sold a product called the Rock ‘n Play Sleeper (RnP). The Plaintiff, Ameena Brown, argued that the defective design of the RnP was to blame because her infant son, A.B., had died from sleeping in it. The dangers of this inclined sleeper product were widely debated in this case. It…
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Aquatics Expert Witness Barred From Opining On the Pool’s Design
Kyle and Annaleah Justice raised claims of negligence and strict liability against Defendants Bestway (USA), Inc. and Rural King under the Missouri Wrongful Death Statute. Plaintiffs’ claims arose from the drowning death of their minor daughter, E.M.J., in an above-ground pool on August 3, 2019. Plaintiffs designated Dianna Sullivan as an expert regard the impact…
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Internal Medicine Expert Witnesses Barred from Testifying Due to Procedural Violations
On October 10, 2023, Kathleen Loveall (Plaintiff) initiated this wrongful death action on behalf of her husband, James Loveall, naming the Government as a defendant under the Federal Tort Claims Act. The Court established September 23, 2024, as the deadline for Loveall’s expert designations. Loveall requested extensions of this deadline three times, without opposition from the…
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Expert Allegedly Revised His Testimony on the Cause of Deaths in Lucy Letby Trial
Between 2015 and 2016, Lucy Letby harmed babies in her care with the intention of killing them. The means of harm varied: causing air embolus by introducing air via intravenous lines; forcing air into the abdomen via nasogastric tubes; force feeding milk; poisoning by administering insulin; physical trauma. She alone was present on the unit…
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Economics Expert Witness Allowed to Opine on Educational Loss
Plaintiffs Jennifer Le Pape (“Mother”) and Frederic Le Pape (“Father”) (collectively, “Parents”), on behalf of their child, Alexandre Le Pape (“Alex”), and Alex, individually, (collectively, “Plaintiffs”) brought intentional discrimination claims against Defendant Lower Merion School District (the “District”), alleging that the District failed to take appropriate steps to ensure that communications with Alex were as…
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Accident Reconstruction Expert Witness’ Opinion Regarding Alcohol as a Possible Cause of the Collision Excluded
The dispute in this matter arose from a collision that occurred in Greene County, Tennessee on May 25, 2021, at or around 2:45 p.m., involving two tractor trailers and a service vehicle. At the same time that Darryl Jerome Packer was attempting to re-enter the right lane of travel, Ronald Forsyth was driving his truck…
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Human Factors Expert Witness Improperly Relied on Studies Regarding the Climbing Abilities of Children
Plaintiffs Kyle and Annaleah Justice raised claims of negligence and strict liability against Defendants Bestway (USA), Inc. and Rural King under the Missouri Wrongful Death Statute. Plaintiffs’ claims arose from the drowning death of their minor daughter, E.M.J., in an above-ground pool on August 3, 2019. On March 10, 2022, Bestway USA filed a Third-party…
