Tag: Expert Testimony
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Digital Forensics Expert Not Allowed to Opine on Driver Behavior
This litigation arises from a motor vehicle accident that occurred during the early morning hours of May 10, 2023, on Interstate 20 in Bienville Parish, Louisiana. Ja’Vel Coleman alleged that she sustained injuries when her vehicle struck the rear of a tractor-trailer operated by Saint Fleur. According to Defendants, Saint Fleur experienced mechanical issues with…
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Watershed Expert Not Allowed to Opine on CRLF and TWG
In this action, a group of environmental organizations seek to compel Defendant County of San Luis Obispo (“Defendant”) to make changes to how it operates a dam and related infrastructure in the Arroyo Grande Creek (“AG Creek”) watershed. Plaintiffs claimed that the County’s operations have caused significant harm to the South-Central California Coast Steelhead trout…
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Biomechanics Expert Not Allowed to Opine on Railroad Rules
This is a case under the Federal Employers’ Liability Act (“FELA”) to recover damages for personal injuries Plaintiff Rachael Snider alleged that she sustained during the scope of her employment working as a conductor for the Defendant railroad. Union Pacific has offered the testimony of Dr. Jeffrey P. Broker. Snider sought to exclude Broker’s testimony…
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Law and Legal Expert Allowed to Opine on Environmental Insurance Products
ResinTech commenced this action against AIG and Odell arising from AIG’s denial of coverage for environmental liabilities asserted against ResinTech by the Camden County Municipal Utilities Authority (“CCMUA”) and the New Jersey Department of Environmental Protection (“NJDEP”). ResinTech asserted claims against AIG for breach of contract and declaratory judgment and, in the alternative, asserted claims…
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Accounting Expert Allowed to Opine on Net Service Level Payments
Plaintiffs The Avon Company and LG H&H Company, Ltd. (“Avon,” or Plaintiffs) brought this suit against Fareva Morton Grove, Inc. and Fareva S.A. (collectively “Fareva,” or Defendants) for a breach of their long-term Manufacturing and Supply Agreement (the “MSA”). Fareva filed a motion to exclude the testimony of Avon’s two experts, Anthony J. Campanelli and…
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Civil Engineering Expert Not Allowed to Opine on the General Contractor’s Responsibilities
This case arises out of large solar projects at four sites in Georgia: Perry, Clay, Lumpkin, and Fort Valley. Plaintiff IEA Constructors, LLC was a general contractor for these projects. IEA Constructors hired Defendant Westwood Professional Services, Inc. to prepare plans for stormwater management and sediment control. IEA alleged that Westwood’s design plans were deficient…
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Coal Industry Expert Allowed to Opine on Resale Damages
United Coal Company, LLC (“United Coal”) brought this action against Xcoal Energy and Resources (“Xcoal”), alleging that Xcoal failed to accept delivery of coal under two separate purchase orders. Emily Medine is United Coal’s expert witness on damages. Medine produced an expert report providing initial damages calculations, a rebuttal report responding to Xcoal’s expert, Fran…
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Mechanical Engineering Expert’s Testimony on Vehicle Dynamics Was Not Fully Admitted
Manichanh Sitivong sued the United States under the Federal Tort Claims Act (FTCA) for injuries she sustained when her car collided with a car driven by a Federal Bureau of Investigation agent. Sitivong sought to exclude the government’s biomechanical engineering expert, Keith Stolworthy, Ph.D, P.E. Sitivong argued that Stolworthy’s report (1) incorrectly assumed that Sitivong…
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Law and Legal Expert Was Not Allowed to Opine on Alleged Obligations
Plaintiffs are alleged owners of real property containing natural gas who have no leases with EQT covering their interests. Claiming that EQT has produced gas from Plaintiffs’ properties but not paid them for it, Plaintiffs brought this putative class action seeking to recover the alleged non-payment on behalf of all allegedly unpaid tenants-in-common who presently…
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Transportation Engineering Expert Allowed to Opine on Traffic Safety
Plaintiffs Yafeng Zhu and Shuhui Zhang filed this action in March 2024 for damages stemming from a motor vehicle accident that occurred in April 2022. Specifically, Plaintiffs alleged that at approximately 12:21 a.m. on April 1, 2022, Plaintiff Zhu was traveling westbound on a two-lane section of Interstate 70 in Bond County, Illinois, as part…
