Tag: Expert Testimony
-
Numismatics Expert’s Testimony on the Proper Classification of the Coins Admitted
This is a fraud action the Commodity Futures Trading Commission (CFTC) and thirty States (collectively, the “government”) brought against Lucas Asher and Simon Batashvili (Individual Defendants) and the entities through which they operated. This case deals with Metals.com and the precious metals it sold to consumers from approximately 2017 to 2020. Through Metals.com, TMTE, Inc.,…
-
Economics Expert’s Testimony on Anti-Discounting Policies Admitted
Plaintiffs sued Amazon.com, Inc., claiming that the company violated the Sherman Act. They contended that Amazon denied customers the “benefits of lower prices and fees” that would arise in a competitive market; and they said Amazon did so by imposing on third-party sellers “Most Favored Nation” policies that cause customers to pay supra-competitive prices. Plaintiffs’ economics…
-
Obstetrics Expert’s Testimony on Brain Damage Limited
Elizabeth Reyes and her minor daughter G.T. sued the United States, Bronx Lebanon Hospital Center, BronxCare Health System, and two doctors over G.T.’s permanent medical conditions, which the Plaintiffs alleged were caused by mistakes made during Reyes’ labor and delivery and G.T.’s neonatal care. The Bronx Lebanon Defendants filed a motion to preclude Plaintiffs’ obstetrics…
-
Law Enforcement Expert’s Testimony on Conspiracy Membership Excluded
The Government charged Xiong Lin with conspiracy to distribute, and to possess with intent to distribute, controlled substances. From approximately May through at least September 2022, Lin allegedly conspired with others—known and unknown—in the District of Massachusetts and elsewhere to distribute cocaine and MDMA. Government filed a motion in limine to exclude the testimony of…
-
Neuroradiology Expert’s Supplemental Report Excluded Because It Adds New Opinions
Plaintiff, Lori Mendez suffered a head injury while she was shopping at a Hobby Lobby store in Reno on June 5, 2021. It all started when she reached for an item on a shelf that was higher up. The shelves were close together and as Mendez grabbed an item off of the lower shelf, the top…
-
Transportation Safety Expert Barred from Offering Opinions on Kent & Smith’s Safety Culture
This suit arises from a motor vehicle accident that occurred on September 7, 2018, in Vinton, Louisiana. Plaintiffs alleged that Billy Smith was operating a 2016 Kenworth T880 while traveling westbound on Interstate 10 on that date. The vehicle was outfitted with Chinese-manufactured steel belt radial truck tires, distributed by CMA under the trade name…
-
Accident Reconstruction Expert’s Opinions About Visibility and Conditions at the Scene of the Accident Admitted
This case involves a rear-end collision between Plaintiff Tyler Brown’s sedan and a sprinter van driven by Defendant Nikolay Muzyka. The accident occurred during the early morning hours of July 29, 2021. Defendant Muzyka, who was driving in the far right lane, began to slow down as he saw lights from emergency vehicles ahead. As…
-
Law & Legal Expert Helps Jury Understand Medicaid’s Complex Regulatory Framework
Plaintiff State of Washington alleged that Novo Nordisk Inc. (“NNI”) caused physicians to prescribe its drug, NovoSeven®, to Washington hemophilia patients by: (1) promoting it “off-label” for prophylaxis and “high dose” use; (2) paying kickbacks to physicians; and (3) paying bribes to patients, all of which rendered claims to Medicare and Washington Medicaid false. The…
-
Economics Expert’s Lack of Specialized Credentials Did Not Provide a Basis for Exclusion
Plaintiff Michael Ruiz (“Ruiz”) is suing his former employer, Defendant Magellan Financial & Insurance Services (“Magellan”), under the theory that his alleged demotion and subsequent termination were due to his race and national origin and that he was also subjected to a hostile work environment. Ruiz retained an expert, Michael J. Stokes (“Stokes”) of Beta…
-
Mechanical Engineering Expert Permitted to Testify Despite Lacking Direct Experience with Debalers
On January 21, 2022, James Raeford Hatcher (“Hatcher”), an employee of South East Grinding, was fatally injured while attempting to unjam a debaler at his workplace. His clothing became entangled in the machine, and he was unable to stop its operation. The machine in question—a “Model BBU.90” debaler—was manufactured by Emerging Acquisitions, LLC. Plaintiff Connie…
