Tag: Expert Testimony
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Court excludes the testimony of Mining Engineering Expert Witness for not being of sufficient assistance to the trier of fact in determining whether the coal was mineable or merchantable
This legal dispute stemmed from American Carbon Corporation (ACC) allegedly breaching a lease granting exclusive mining rights for coal owned by Big Sandy in Pike County, Kentucky. ACC was allowed to mine the “Demised Coal,” defined as mineable and merchantable coal within the property boundaries. In return, ACC was obligated to diligently mine, pay royalties,…
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Questions relating to the bases and sources of an expert’s opinion affect the weight to be assigned that opinion, not admissibility; Court admits the testimony of Structural Engineering Expert Witness in insurance coverage dispute
This insurance coverage dispute arose when the Plaintiff, Fiberco’s building was damaged by a hailstorm in April 2020 while insured under a policy issued by Defendant, Acadia Insurance Company effective from April 10, 2020 to April 10, 2021. FiberCo subsequently filed a claim with Acadia for the hail damage to the building. After an assessment,…
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Court admits the testimony of Materials Science Expert Witness on defective gaskets despite it being based on the analysis of his colleague
This case involves a dispute between Norris Brothers Excavating, LLC (“Norris Bros.”), Southern Pipe & Supply Company, Inc. (“Southern Pipe”), and Romac Industries, Inc. (“Romac”) regarding leakage in a water transmission line installed by Norris Bros. for the City of Anniston, Alabama. Norris Bros. alleges the leaks were caused by defective restraining gaskets manufactured by…
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Court admits the testimony of Agriculture Expert Witness after establishing it is not conduit testimony from an expert on a matter outside his field of expertise
This case involved soybean farmers Jerry and Frances Probasco suing agricultural cooperative MFA Incorporated and employee Nick Riihinen for negligence, breach of contract, and breach of warranty after herbicide sprayed on their crops by MFA allegedly killed 162 acres of soybeans. The case was heard in the United States District Court for the Southern District…
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Court rejects the testimony of Human Factors Engineering Expert Witness after concluding jury cannot receive appreciable help from her “inconsistent” testimony
The case in question involves a lawsuit filed by the Plaintiff, Clyde Arterburn, against Home Depot U.S.A., Inc. (referred to as Home Depot) for injuries sustained when he tripped and fell in a Home Depot store on September 21, 2020. According to the documents, Arterburn claims that he tripped over a metal basket holder that…
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Experts could rely on reliable “other sources” and even hearsay to offer their opinions; Court notes before admitting part of Marketing Expert Witness’ testimony
The lawsuit was a trademark infringement action filed by Forest River, Inc. against inTech Trailers, Inc. It sought injunctive relief, damages, costs, attorneys’ fees, and any other appropriate remedies. The legal action arose from inTech’s knowing and intentional infringement of Forest River’s DELLA TERRA trademark and its mountain design trademark, (“Forest River Mountain Design”) (Forest…
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“Unexplained” Methodology employed by Accounting Expert Witness passes Daubert Test after Court notes that merits and drawbacks of the Methodology have been discussed
Plaintiffs BRP Colleague Inc. (“BRP Colleague”) and Baldwin Krystyn Sherman Partners, LLC (“BKS”) jointly referred to as “BRP,” had initiated legal proceedings against Defendants Edward (Teddy) Gillen (“Gillen”) and Edgewood Partners Insurance Center Inc. (“EPIC”) concerning Gillen’s prior association with BRP and his subsequent employment with EPIC, a direct competitor of BRP. BRP (together with…
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Occupational Medicine Expert Witness’ projection of Plaintiff’s future medical care costs rejected by the Court for lacking sufficient basis in the medical evidence
Plaintiff Autumn Brown, who was twenty-two years old at the time, sustained injuries on June 24, 2020 after a vehicle driven by an employee of Defendant BellSouth Telecommunications, LLC struck her vehicle at an intersection in Pascagoula, Mississippi. She was taken to the emergency department at Singing River Hospital where they found she had suffered…
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Court validates the objective findings of the statistics expert witness in this class action lawsuit consisting of disability discrimination claims
This case originated from a class action lawsuit filed by the Center for Independence of the Disabled, New York and other nonprofit organizations (collectively referred to as Plaintiffs) against the Metropolitan Transportation Authority (“MTA), New York City Transit Authority (“NYC Transit”), and the City of New York(“the City”) (collectively referred to as Defendants). The lawsuit…
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Geotechnical Engineering Expert Witness’ testimony does not fully pass Daubert Scrutiny as Court rejects his legal conclusions on contractual responsibilities
This case is centered around a contractual dispute between Greenup Industries, LLC (“Greenup”), the general contractor, and Five S Group, LLC (“Five S”), the subcontractor, along with the involvement of Hartford Fire Insurance Company (“Hartford”), related to excavation work on a U.S. Army Corps of Engineers (“USACE”) project. In 2020, Greenup was awarded a contract…
