Tag: Expert Testimony
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OSHA Expert Barred From Testifying About Causation
David Badagliacco, a Skokie, Illinois police officer, sued Safariland, LLC, alleging his exposure to pepper spray during their training course was the reason he suffered from an eye infection necessitating cornea replacement surgery. Badagliacco contended that the negligent, willful and wanton operation of the training course caused his injuries. Plaintiff David Badagliacco retained expert witness…
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Firearms Expert’s Testimony Excluded Because of His Limited Experience with Machineguns
Defendant Chase Farmer was charged and convicted of multiple firearms offenses in a trial spanning April 29, 2025, to May 6, 2025. Specifically, Defendant was charged with importing, possessing, transporting, and failing to keep proper records for drop-in auto sears (“DIAS”) and Glock switches from Russia, which are machinegun conversion devices regulated as machineguns under…
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Intellectual Property Expert’s Opinion on Settlement Licenses Excluded
Plaintiffs’ claim for breach of contract is based on a 2001 licensing agreement (“the 2001 License” or “the License”) between Plaintiffs and Defendant Extreme Networks, Inc. (“Extreme”). Plaintiffs retained Mark Chandler to issue an opinion about “agreements and negotiations related to the licensing, development and commercial use of software, copyrights, and other intellectual property.” According…
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Leasing Experts Are Not Allowed to Define Industry Standards
This case is a landlord/tenant dispute regarding a lease agreement between Plaintiff/landlord Trustees Main/270 and Defendants/tenants ApplianceSmart, Inc., and JANONE, Inc. The claims arise from Defendant ApplianceSmart’s failure to pay pursuant to a lease agreement, and Defendant JANONE’s obligations as guarantor under the lease. Plaintiff filed a motion in limine related to two witnesses Defendants…
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Marine Safety Expert Impermissibly Ventured into the Field of Biomechanical Engineering
This negligence suit under the Longshore and Harbor Workers’ Compensation Act arises out of an incident on the Defendants’ vessel, the M/V Ocean Belt (the “Vessel”). On January 29, 2021, in his capacity as a ship superintendent employed by non-party Cooper Consolidated, LLC (“Cooper”), Joseph Trigleth was overseeing cargo operations on the Vessel, which required him…
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Materials Science Expert Witness Barred From Opining on the Ladder’s Failure
On October 1, 2021, Tate Parker purchased a Tricam Industries, Inc. Gorilla articulated extension ladder (Model GLMPXA-14) from Home Depot in Opelika, Alabama. On February 14, 2022, Parker was injured while using his Tricam ladder to access a residential roof for an insurance-related inspection. At the time of the accident at issue, his job duties…
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Psychology Expert Witness’ Testimony Regarding Alleged Coercion Admitted
On September 28, 2016, Terence B. Tekoh (“Plaintiff”) brought a suit against the County of Los Angeles, the Los Angeles Sheriff’s Department (“LASD”), LASD Sergeant Dennis Stangeland, LASD Deputy Carlos Vega, and Does 1-10, alleging violations of his civil rights. Dr. Iris Blandon Gitlin (“Dr. Gitlin”) is one of Plaintiff’s designated retained experts and is…
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Life Care Planning Expert’s Testimony on Future Medical Care Needs Admitted
A July 2022 vehicle collision in Gallup, New Mexico, triggered a lawsuit claiming severe injuries. Plaintiff Jimmy Woodall claimed that DefendantCurt Moeller made an “unsafe lane change,” forcing his tractor-trailer into a guardrail. Woodall alleged that the crash caused him “severe and disabling injuries.” Woodall sued the Defendants, demanding medical expenses along with damages for…
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Orthopedic Surgery Expert’s Opinion on Future Damages Admitted
This case concerns a motor vehicle accident involving the Plaintiffs, Vanessa Rivera and her minor child K.C., and Joseph Giordano, a driver for Defendants Safway Services, LLC and Brand Safway Services, LLC. The Plaintiffs asserted four counts of negligence against the Defendants and sought damages for the physical, emotional, and financial injuries they allegedly suffered…
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Neurology Expert’s Opinions on Medical Causation Are Not Outside the Scope of His Expertise
This civil rights action stems from the in-custody death of Kimberley Morrissey-Scalia while a pretrial detainee in Lerdo Pre-Trial Facility in Kern County. Plaintiffs filed a motion to preclude Defendants’ expert, Michael E. Gold, M.D., “from: (1) testifying to any opinions on medical causation that are outside the scope of his expertise; and (2) testifying…