Tag: Expert Testimony
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Psychology Expert Witness’ Depression Diagnosis Upheld
Plaintiff Duane Anthony Beyenhof alleged that his former employer Defendant Schwan’s Consumer Brands, Inc. (“Schwan’s”) wrongfully terminated him in retaliation for reporting illegal activity at work and because of his age. Schwan’s claimed he was terminated for not wearing a seatbelt in violation of Defendant Schwan’s Consumer Brands, Inc.’s (“Schwan’s” or “Defendant”) zero tolerance Seat…
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OSHA/Workplace Safety Expert Witness’ testimony on alternate repair method admitted
This case arises from an incident at Darling’s plant in Kuna, Idaho. Darling is an animal processing company headquartered in Texas, with operations in several states including Idaho. Reymundo Cruz was employed as a maintenance worker at the Kuna plant in 2020 when he was fatally injured while repairing a machine called a “cow pusher”…
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Contracts Expert Witness Testimony Grounded in Extensive Factual Record
BAE Systems Norfolk Ship Repair Inc. received a contract from the Navy to maintain, modernize, and repair the USS Tortuga. The contract included a Heavy Weather Plan (“HWP”), which granted the Navy the authority to order work stoppage when severe weather threatened the ship. According to the HWP, costs associated with its implementation, including delays,…
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Court Limits Accident Investigation Expert Witness’ Report on Defendant’s Liability
Plaintiff sustained injuries while waiting in the loading area to board an inflatable raft as part of the Aquazoid water slide (“Aquazoid”). It occurred on August 22, 2015, at Busch Gardens Water Country USA (“Water Country”), in Williamsburg, Virginia. Two attendants stationed at the loading area at the top of the water slide remove the…
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Rejection of Computer Software Expert Witness’ Interpretation Attempt on Contract
This is a breach of contract dispute between Paired Pay and ClearObject. Paired Pay alleged that ClearObject breached the parties’ contract because ClearObject purportedly did not provide a “dedicated” team during a particular phase of the project. Defendant filed a motion to exclude the report and testimony of Larry E. Daniel, one of Plaintiff’s testifying expert witnesses under Federal…
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Finance Expert Witness’ Art Market Analysis Admitted
Athena, a specialty lender engaged in the business of providing loans secured by high-value fine art, extended a loan to a borrower, using the 1982 painting by Jean-Michel Basquiat titled “Humidity” (the “Basquiat”) as collateral. Subsequently, on March 2, 2020, the New York County Supreme Court entered a judgment for Athena in the amount of…
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Law Enforcement Expert Witness Testimony on Marijuana Odor Rejected
On July 1, 2020, Officer Jack Gilboy (“Gilboy”) of the St. Charles Parish Sheriff’s Office approached Plaintiff Cedric Otkins (“Otkins”) while Otkins was sitting alone in his parked car at the East Bank Bridge Park in St. Charles Parish, Louisiana. Otkins filed this civil rights action alleging a violation of his Fourth Amendment right to…
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Testimony of Mechanical Engineering Expert Witness Rejected, Complaint Dismissed
Plaintiff Nathan Cottrill (“Plaintiff” or “Cottrill”) filed a lawsuit against Defendant Tricam Industries, Inc. (“Defendant” or “Tricam”), alleging product liability and breach of implied warranty. Nathan Cottrill, a Best Buy Geek Squad employee, went to a client’s house on December 22, 2019, to mount two Sonos 5 speakers in an indoor basketball court. To carry…
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Economics Expert Witness’ Testimony Rejected on account of Half-Hearted Support for his Methodology
Plaintiffs James and Roxanne Thomas (“Plaintiffs”), on behalf of themselves and all others similarly situated, brought suit against GEICO Casualty Company, GEICO Indemnity Company, and GEICO General Insurance Company (collectively “GEICO” or “Defendants”) for violating the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFA”). Since 2013, Plaintiffs have been GEICO customers. Plaintiffs renewed their…
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Biomechanical Engineering Expert Witness’ Testimony As to General Causation of Injuries held to be Permissible
Plaintiff Ernst Nicolas suffered severe injuries to his cervical spine, lumbar spine, right knee, and left shoulder in a motor vehicle accident that took place on September 1st, 2018, on JF Kennedy Blvd at the intersection with 63rd Street, in Jersey City. Nicolas was a rear seat passenger in a Lyft vehicle when a truck…
