Tag: Expert Testimony
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Sociology Expert is not Qualified to Offer opinions on the Propriety of an Appraisal
Plaintiffs Nathan Connolly and the Estate of Shani Mott (collectively “Plaintiffs”) alleged that Defendants Shane Lanham and 20/20 Valuations, LLC (collectively “Defendants”) racially discriminated while performing an appraisal of Plaintiffs’ home. Defendants have counter-sued for defamation. Each party has offered an expert to provide testimony regarding the propriety of Defendants’ appraisal of Plaintiffs’ home. Plaintiffs…
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Engineering Expert’s Opinion on Cost Estimates Admitted
The Great Lakes Insurance Company issued a policy of insurance (the “Policy”) to Gulf Coast Bank and Trust (“Gulf Coast”) covering specific buildings owned by BRH Consultants, specifically, the Burbank Landing Apartments. Subsequently, BRH alleged that on August 29, 2021, Hurricane Ida caused damage to Buildings 1 and 2 of the property. Following this event,…
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Electrical Engineering Expert’s Testimony Addressing the Coverage Gap Admitted
Puerto Rico Telephone Company (“Plaintiff” or “Claro”) brought this suit against the Municipality of Aguada, Hon. Christian Cortés-Feliciano, in his capacity as Mayor of the Municipality of Aguada, and Wesley Vega, in his capacity as Planning Director of the Municipality of Aguada (“Defendants” or “the Municipality”), for alleged violations of Federal Telecommunications Act of 1996…
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Maritime Expert’s Opinion on the Preferred Engine Manufacturer is Based on Hearsay Statements
This case concerns naval architecture, marine engineering, and a motor vessel called the “Pickle” or the “Pickle Rick.” Plaintiffs Intrepid Oceans Marine, LLC (“IOM”), Intracoastal Marine Fuel, LLC (“IMF”), and Intrepid Tankers, LLC (“IT”) (collectively, “Plaintiffs”) are retailers of marine petroleum in Palm Beach County, Florida. Defendant JMS Naval Architects, LLC (“Defendant”) is a licensed…
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Psychiatry Expert’s Testimony Rejected for Injecting Subjective Characterizations
On September 3, 2020, Plaintiffs Dalila Yeend and Bounnam Phimasone (together with Elvin Minaya Rodriguez, Lisa LaPointe, and Shantadewie Rhamee, “Plaintiffs”) commenced this action against Akima Global Services, LLC a/k/a AGS (“AGS” or “Defendant”) in New York State Supreme Court, asserting state law claims pertaining to their civil immigration detention at the Buffalo Federal Detention…
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Audiology Expert’s “Chart Note” is Not a Proper Expert Report
This case stems from a rear-end, chain-reaction accident. Plaintiffs alleged that, on or about June 16, 2019, Plaintiff Miranda Allen was driving northbound on Interstate 5 in Skagit County, Washington, with Plaintiff J.M. as a passenger in her vehicle. While Plaintiff Allen’s vehicle was stopped in traffic, Defendant Martin Barratt, also driving northbound on Interstate…
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Materials Science Expert’s Supplemental Report Excluded Despite a Compelling Explanation for the Tardiness
This is an insurance coverage dispute. Defendant Church Mutual Insurance Company (“Church Mutual”) insured Plaintiffs’ property. Hail damaged the property’s roof. The parties dispute whether the damage falls within Plaintiffs’ insurance policy, which precludes coverage for cosmetic damage. Plaintiffs sought to exclude the expert testimony of Christine Conner, Mark Kubena, and Ronald Dutton on the…
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Prison Management Expert Allowed to Opine on PREA Compliance
Plaintiff C. Jay Smith is a transgender woman who has been housed in men’s prisons for decades. The facts at issue in this case pertain to Plaintiff’s incarceration at San Quentin State Prison from 2013 to 2019, though she has been housed at the California Medical Facility in Vacaville since June 2019. Plaintiff filed a…
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Law And Legal Expert’s Testimony on the Existence of an Attorney-Client Relationship Excluded
Plaintiff Iron Tax, Accounting & Financial Solutions, LLC (“Iron Tax”) brought this suit against Defendants Story Law Firm, PLLC and Travis W. Story (collectively, “Defendants” or “Story”) for legal malpractice. The claims here arise out of an underlying suit that resulted in a default judgment being entered against Iron Tax for failing to timely file…
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Internal Medicine Expert’s Testimony Partly Excluded Because He Made Credibility Determinations
This is a medical malpractice case arising primarily out of the treatment provided to Plaintiff’s father, Santos González Ponce (“Mr. González”) at co-Defendant Doctors’ Center Hospital and Caribbean Medical Center (“CMC”) by Defendants Dr. Glorimar Santos Llanos, Dr. Glorimar Santos-Rodríguez, and Dr. Iolani García-Rosario (“Dr. García”) at those medical institutions. Plaintiff argued that Dr. Miguel…
