Tag: Expert Testimony
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Packaging Expert’s Testimony on Compression Failure Limited
Plaintiff Tricia McFee asserted a negligence claim against Defendant BJ’s Wholesale Club, Inc. (“BJ’s”) under New York law, arising from a slip-and-fall accident in the bottled water display area on August 20, 2020, while she was at a BJ’s club in Brooklyn, New York. Defendant filed a motion to exclude the testimony of Sterling Anthony,…
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Orthopedic Surgery Expert Allowed to Testify Despite a Temporary Lapse in Board Certification
This case concerns a personal injury. On July 5, 2021, Plaintiff Cline Cockburn was employed by AmSpec Services, LLC as a petrochemical inspector performing work for Marathon Petroleum Company, LP aboard in rem Defendant the M/V San Roberto, a vessel owned and operated by Defendant Buffalo Marine Service, Inc. (“Buffalo Marine”). At the time, the San Roberto was moored at a…
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Architecture Expert’s Testimony Regarding the Mat’s Condition Excluded
In December 2022, Carole Daniel (“Ms. Daniel”) tripped on a floor mat and fell inside a Phenix City, Alabama Dollar General retail store (“Dollar General”). Ms. Daniel suffered injuries and later sued Dolgencorp, LLC (“Dolgencorp”), the corporate entity operating the Dollar General. On June 15, 2024, Ms. Daniel passed away. Ms. Daniel’s husband, Ralph Daniel…
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Mechanical Engineering Expert Barred From Testifying for Not Testing Alternative Design
Plaintiff Paul Johnson sustained severe injuries while operating a RIDGID K-6200 drain cleaning machine (“subject machine”) at his workplace. He sued the machine manufacturer, Defendant Ridge Tool Company (incorrectly identified as Ridge Tool Manufacturing Company, Inc.), asserting claims for negligence, product liability, and failure to warn. Plaintiff brought this lawsuit contending that Defendant manufactured an…
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Metallurgical Engineering Expert Was Not Allowed to Testify About the “Expected” Performance of Golf Clubs
This is a products liability action involving a Callaway Rogue X 5 Iron golf club with a True Temper XP95 shaft that fractured. Plaintiff alleged that the shaft cut his finger and broke his index-finger bone on his right hand. It is undisputed that True Sports manufactured the shaft of the Five Iron. Joseph P. Crosson…
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Marketing Expert’s Consumer Survey Report Admitted
Plaintiffs Markus Heitkoetter and Rockwell Trading Services, LLC sued Karl Domm for defamation by implication, defamation (libel), deceptive trade practice, intentional interference with prospective business relations, and abuse of process. Both Defendant and Plaintiffs operate channels on www.youtube.com (“Youtube”) where they publish videos about online trading. Plaintiffs filed a motion to strike the testimony and…
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Expert Testimony on Legitimate Marketing Practices Admitted
The Federal Trade Commission contended that Amazon tricked, coerced, and manipulated consumers into subscribing to Amazon Prime. According to the FTC, this was accomplished by failing to disclose the material terms of the subscription clearly and conspicuously and by failing to obtain the consumers’ informed consent before enrolling them. The FTC also alleged that Amazon…
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Expert Reliably Applied Vocational Counseling Experience to the Facts
In July 2021, the Federal Reserve Bank of Minneapolis required its employees to be vaccinated against COVID-19. The policy allowed religious exemptions. Plaintiff Rodney Maki—one of the Bank’s law enforcement officers—requested one, citing his opposition to vaccines linked to fetal stem cells. The Bank granted Maki a temporary accommodation but revoked it a few months…
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Construction Expert’s Opinions Regarding the Rebuilding Costs Admitted
On March 4, 2023, Plaintiff Jane Randall’s son, Christian Randall, set fire to her home on Lady’s Island in Beaufort, South Carolina. On January 26, 2025, Plaintiff identified David Johnson as an expert general contractor to testify regarding the extent of damage to Plaintiff’s home and the need to demolish and rebuild the property at…
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Expert Testimony on Pharmacy Dispensing Standards Admitted
The United States Attorney’s Office alleged that Omnicare violated the False Claims Act by failing “to obtain a new prescription” for residents of certain long-term-care facilities “after an old one expired or ran out of refills,” instead continuing to dispense medications through certain computer functionalities. The Office retained Dr. W. Thomas Smith to review Omnicare’s…
