Tag: Expert Testimony
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Survey Methodology Employed by Marketing Expert Witness Deemed Admissible
Plaintiff, Anthony Bush on behalf of a class of California consumers, brought a class action against the Defendant, Rust-Oleum Corporation for mislabeling of its “Krud Kutter” cleaning products as “non-toxic” and “Earth friendly,” contending that it violated California consumer-protection laws since the products were, in fact, harmful to humans, animals, and the environment. The operative…
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Trucking Expert Witness deemed unqualified to testify about likely cause of tire blowout
Plaintiff, Robin D. Post sued Defendant, Dennis J. Zimmerman following a highway accident on December 23, 2019 when Defendant John H. Kaser, Plaintiff, and Zimmerman—in that order—were traveling eastbound on Highway 24 in Osborne County, Kansas. Plaintiff rode in a Chevrolet Equinox while Defendants Kaser and Zimmerman each drove semi-trucks. The Plaintiff was rear-ended by…
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Human Resources Expert Witness Opinion on Retaliation Held to Lack Sound Methodological Basis
Plaintiff, Rohan Peters, an African-American Pilot sued his former employer, International Paper Company (“International Paper” or “Defendant”), alleging claims of wrongful termination and retaliation arising out of Defendant’s discrimination pursuant to Title VII of the Civil Rights Act of 1964. Defendant filed a Motion for Summary Judgement on May 31, 2023. The Court granted summary judgement in favor…
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Financial Expert Witness’ Damages Calculation Aggregating Alleged Infringing Sales Admitted
Massimo Motor Sports, LLC (“Massimo”) and the Defendants were engaged in the manufacturing and sale of sports vehicles, such as utility terrain vehicles (UTVs) and all-terrain vehicles (ATVs). The moving Defendants included Shandong Odes Industry Co., Ltd. (“Shandong”), Odes Usa Inc. (Cal) (“Odes Cal.”), Odes Usa Inc. (Tex) (“Odes Tex.”), Lil Pick Up, Inc. (“Lil…
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Intellectual Property Valuation Expert Witness Reasonable Royalty Analysis Deemed Deficient
Judge Joshua Wolson of Delaware District Court noted that, “Economists love assumptions. One joke recites that a physicist, a chemist, and an economist find themselves on a desert island with a single can of food. The physicist offers to calculate the force needed to use a coconut to open the can. The chemist offers to…
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Accounting Expert Witness Testimony Found to Lack Understanding of the Type of Business at Issue
James Swain Rieves, who operated Platinum Vapor, LLC, doing business as Cloud 9 Hemp faced legal trouble when the Town of Smyrna Police Department (hereinafter “SPD”) discovered the sale of Cannabidiol (CBD) products by the business in May 2017. The Smyrna Police Departmentraided Cloud 9’s premises and seized tens of thousands of dollars ininventory, along…
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Real Estate Appraisal Expert Witness’ Valuation Excluding the Effect of the Pandemic Deemed Inadmissible
On August 16, 2021 (“Vesting Date”), the Plaintiff, the National Railroad Passenger Corporation (“Amtrak”), acquired the property at 260-270 Twelfth Avenue, New York, New York (New York County Block 675, Lot 1), through its power of eminent domain, as codified in 49 U.S.C. § 24311(a)(1), from the Defendant, 260 Twelfth Avenue Holdings, LLC. The acquisition…
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Orthopedic Surgery Expert Witness Testimony on Medical Causation Admitted
James Maples, the Plaintiff, filed a lawsuit against Union Pacific Railroad Company, Inc., the Defendant, under the Federal Employers’ Liability Act (“FELA”), alleging on-the-job injuries stemming from when a wheel broke and detached from the utility vehicle he operated. Union Pacific acknowledged responsibility for the wheel detaching from the utility vehicle but disputed that it caused…
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Economics Expert Witness Theory on Investment Performance Admitted
Plaintiff Joanna P. Mattson filed a legal action, both individually and on behalf of the Milliman, Inc. Profit Sharing and Retirement Plan, along with a class of participants and beneficiaries affected by the alleged misconduct of the Milliman Defendants. The lawsuit is based on a claim of breach of fiduciary duty under the Employee Retirement…
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Business Administration and Management Expert Witness Testimony found Inadmissible for not Establishing a Method to Calculate Damages
Plaintiff Kristina Cleaver initiated legal proceedings against her former employer, Transnation Title & Escrow, Inc. dba Fidelity National Title Company (“Fidelity”) based on an accusation of gender discrimination, purportedly in violation of both federal and state laws. Fidelity, identified as a title and escrow company specializing in real estate transactions in collaboration with real estate…
