Tag: Expert Testimony
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Design Engineering Expert Witness’ Product Defect Theory held to be Reliable
A district judge in New Jersey decided that a design engineering expert witness could testify about the alleged design defects of the model in question and the risks and possible outcomes of such design defects. On August 19, 2016, William Visakay (“Visakay”) was riding his 2007 Craftsman Lawn Tractor in his backyard when it overturned…
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Court Bars Intellectual Property Expert Witness for Opining on Straightforward Matters of Law
A district judge in New York held that the report of a intellectual property expert witness spoke to straightforward areas of the law where juries did not require assistance. Plaintiff Medical Depot, Inc. and Defendant Med Way US, Inc. are both manufacturers of medical products, including specially designed medical air mattresses. Medical Depot, Inc. began selling various air…
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Trade Secrets Expert Witness’ Testimony Based on his own Experience Admitted
A district judge in Texas admitted the testimony of a trade secrets expert witness, taking into consideration his extensive and specialized experience. Plaintiff BHI, a leader in the energy industry providing project management and staffing support to the nuclear, fossil, wind, hydro, and government energy markets accused the Defendants KVP Energy Services, Dustin Coble, Welborn…
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Accounting Expert Witness’ Opinions on Due Diligence Procedures Admitted
A district judge in Mississippi held that the accounting expert witness was more than qualified to testify about the due diligence requirements in the stock purchase agreement in question. Facts of the case: Casey Morgan (“Morgan”) and Jimmy Ward (“Ward”) (collectively “Plaintiffs”) previously owned and operated Bigfoot Land Services, Inc. (“Bigfoot” or “the company”), an…
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Architecture Expert Witness Fails to Establish the Reliability of his Stability Testing Methodology
A district judge in Louisiana limited the testimony of a renowned architect, citing a complete failure to explain the origin of his methodology or to point to scientific support for the technique that reliably predicts the likelihood that a canopy on display in a store is dangerous, despite his years of experience. To begin with,…
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Economics Expert Witness’ Testimony Based on Well-Tested Methods for Establishing Classwide Damages Admitted
A district judge in California refused to exclude the testimony of an expert economist despite objections raised against his methods for establishing classwide damages. The expert economist had adequately explained why his damages analysis would provide an accurate and common method to prove classwide damages. The Plaintiff contended that the Defendant Williams-Sonoma, Inc., and its…
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Podiatry Expert Witness’ Testimony Based on a Meaningful Connection between her Experience and the Cause of Injury Admitted
Florida Southern District Court decided that a podiatry expert witness’ causation theory with regard to severe burns was admissible after she compared and contrasted the Plaintiff’s health before and after the incident. This is a negligence action in admiralty for damages the Plaintiff suffered while vacationing aboard the Explorer of The Seas on May 14, 2022. The…
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Product Defect Expert Witness’ Testimony Regarding Vehicle and Equipment Recalls Limited
Plaintiffs, Kevin and Vivian Hoog sought monetary damages following a fire, which they linked to a defective NDR 1292 gas absorption refrigerator (the “Refrigerator”) manufactured by Dometic. The Plaintiffs had the Refrigerator installed as original equipment in Plaintiffs’ 2007 RV, which Plaintiffs purchased from a private party around October 26, 2011. Dometic initiated recalls of select…
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Corporate Law Expert Witness’ Opinions on Ordinary Corporate Behavior Excluded
Plaintiffs, ECB USA, Inc. and Atlantic Ventures Corp. accused Savencia and Zausner, together with other persons and entities, of commiting a series of tortious acts, including, but not limited to, looting the assets of Schratter Foods Incorporated (“Schratter”), then fraudulently inducing Plaintiffs into executing an agreement to purchase all of Schratter’s shares (the “Stock Purchase…
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Film and Movie Production Expert Witness’ Opinion Assists Court by Clarifying Article’s Factual Elements
Plaintiffs Shosh Yonay and Yuval Yonay (collectively “Plaintiffs”) are the widow and son of Ehud Yonay (“Yonay”), the author of a magazine article “Top Guns” (the “Article”) published in California Magazine on April 21, 1983. The Article is an account of the experiences of F-14 pilots and radio intercept officers as they undergo training at…
