Tag: Expert Testimony
-
Insurance Expert’s Testimony on Market Multiples Range Excluded
The matter before the Court stems from Plaintiff USI Insurance Services LLC’s (“USI”) lawsuit against Defendants Alliant Insurance Services Incorporated (“Alliant”), William J. Havard III, Robert Engles, Jenise Purser, and Justin Walsh (collectively, “Defendants,” or without referring to Alliant, the “Individual Defendants”) relating to allegations that, among other things, they engaged in the improper solicitation…
-
Marketing Expert’s Testimony on Consumers’ Perceptions Admitted
This case centered on a trademark dispute involving the mark IDHAYAM, which means “heart” in Indian languages and was used in connection with sesame oil sales. Defendant Meenakshi Overseas LLC sold sesame oil under the IDHAYAM name and held a federal trademark registration for it. Plaintiff V.V.V. & Sons Edible Oils Limited, who also marketed…
-
Mechanical Engineering Expert’s Opinions on the Shattered French Press Limited
Plaintiff, Wade Mullen, filed a products liability lawsuit against Defendant Bodum USA, Inc. (“Bodum”), claiming damages for injuries he suffered when his Bodum French press shattered and splashed him with hot coffee. Bodum filed a motion to exclude the testimony of Mullen’s expert Mingxi Zheng, an engineer who inspected the shattered French press. Mechanical Engineering…
-
Intellectual Property Expert’s Opinion on Specific Royalty Rate Deemed Unreliable
EcoFactor, Inc. (EcoFactor) owns U.S. Patent No. 8,738,327, which relates to the operation of smart thermostats in computer-networked heating and cooling systems. In January 2020, EcoFactor sued Google in the Western District of Texas, alleging Google’s Nest thermostats infringed claims of the ‘327 patent, among other patents. Before trial, Google filed a motion to exclude the testimony…
-
Criminology Expert’s Opinions about Post-Incarceration Syndrome are Unreliable
Kuantay Reeder was convicted by a jury of second-degree murder in 1995. He spent approximately 26 years in prison before his conviction was vacated and he was released. Reeder now sues the Orleans Parish District Attorney’s Office (“OPDA”), alleging that suppression of favorable evidence during his criminal proceedings caused him to be wrongfully convicted and…
-
Human Factors Expert’s Opinions on Alternative Warnings Excluded
This case arises out of an alleged design defect and failure to warn regarding a 2017 Toyota Tacoma. Lee Griffin was the primary driver of a 2017 Toyota Tacoma. After Griffin died due to accidental carbon monoxide poisoning from an automobile inadvertently continuing to run in the garage, Caroline Griffin filed suit individually and as executor…
-
Trucking Expert’s Opinions on Driver Negligence Excluded
This lawsuit stemmed from a three-vehicle rear-end collision that occurred on Loop 1604 in Bexar County, Texas, on September 28, 2022. At the time, Plaintiff Bobby Mutz was driving a GMC truck behind Plaintiff Casey Eggleston, who was operating a Jeep Bronco. Both Plaintiffs had stopped due to traffic ahead. Defendant Tatevos Isakhanyan, who was…
-
Law Enforcement Expert Permitted to Testify on the General Reasonableness of Police Conduct
This lawsuit can be traced back to an incident that took place on November 11, 2019, in which Phoenix Police Department Officer Brittany Smith-Petersen shot and injured Plaintiff Krish Singh during a law-enforcement encounter. Defendants brought a partial Daubert motion seeking to preclude certain portions of the intended testimony of Plaintiff’s use-of-force expert, Roger Clark. Law Enforcement Expert Witness…
-
Economics Expert’s Opinion on Lost Household Services Excluded
The current dispute arises from a motor vehicle accident that occurred on October 26, 2022. While Plaintiff Altagrace Exume was following behind a tractor-trailer driven by Defendant Alexys Figueredo, a spare tire fell from the truck and struck Plaintiff’s vehicle. Plaintiff allegedly suffered injuries as a result of the collision. Plaintiff alleged that Defendant United…
-
Accident Reconstruction Expert’s Opinion on Crew’s Inadequate Response Admitted
Plaintiff Sky Jet sought economic damages related to the destruction of the left engine of its 1996 Beech 1900D aircraft. Defendant VSE overhauled an engine part called a fuel control unit (“FCU”). Sky Jet claimed that the fuel control unit malfunctioned during two attempts to start to the aircraft, causing elevated internal engine temperatures, also…
