Tag: Expert Testimony
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Engineering Expert’s Testimony on an Unsafe Walking Surface Admitted
This is a premises liability action in which the Plaintiff Natasha Walkowicz Shea (“Plaintiff’) sought to hold the Defendants, Kalahari Resorts & Conventions-Poconos; Kalahari Resorts, PA, LLC; and Kalahari Resorts, LLC (hereinafter, collectively, “Kalahari”) liable in negligence for her alleged injuries sustained as a result of slipping and falling on snow and/or ice in a…
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Marketing Expert’s Testimony on Consumer Confusion Admitted
Defendant Learneo, Inc., a Delaware corporation with a principal place of business in Redwood City, California, operates a website named Course Hero, an online learning platform of course-specific study resources. In particular, this action involves alleged unlawful conduct on Course Hero, where users upload materials, such as study resources, and access materials shared by others.…
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Ophthalmology Expert’s Standard of Care Testimony Admitted
Plaintiff Raymond Dean Brown, a federal inmate confined at the Federal Correctional Center in Terre Haute, Indiana (“FCC Terre Haute”), brought this action against the Defendants, Dr. Elizabeth Trueblood, Dr. William E. Wilson, and Dr. David Lukens, alleging that they were deliberately indifferent to his serious medical conditions in violation of his Eighth Amendment rights.…
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Telephone Expert’s Testimony on the Reliability of Ytel Records Admitted
Michael Anthony (“Plaintiff”) filed this putative class action against The Federal Savings Bank (“FSB”), National Bancorp Holdings, Inc. (“NBH”), and FDE Marketing Group, LLC (“FDE”) (collectively, “Defendants”), asserting violations of the Telephone Consumer Protection Act (“TCPA”). The Plaintiff filed a motion to bar defense expert Jan Kostyun while Defendants filed a cross-motion to bar Plaintiff’s expert Aaron D. Woolfson. Telecommunications Expert Witness Jan Kostyun…
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Medical Coding Expert’s Testimony About the Health Insurance Claims Admitted
Plaintiff Michael Swartzendruber claimed that Defendants United Healthcare Insurance Company and United Healthcare of the Mid-Atlantic, Inc. (collectively “United”), and Defendants Sentara RMH Medical Center and RMH Medical Group, LLC (collectively “Sentara”) overcharged him for hospital services and/or by making misrepresentations about the charges for his blood tests. On each occasion, Swartzendruber’s blood was drawn at…
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Orthopedic Surgery Expert’s Testimony on Medical Negligence Excluded
Plaintiff Nicholas Price, a former Virginia inmate, filed this civil rights action against Defendant Kyle Smith, M.D. (“Dr. Smith”), alleging that Smith wasdeliberately indifferent to Price’s serious medical needs after he sustained significant knee injuries while playing basketball at Augusta Correctional Center (“ACC”). Smith filed a motion to exclude the medical opinions of Price’s expert…
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Civil Engineering Expert’s Testimony on Glulam Beams’ Failure Admitted
Defendant D.R. Johnson Lumber Co. is an engineered wood productsmanufacturer located in Riddle, OR. Plaintiff Jasmine Vineyards, Inc. is a grower of table grapes located in Delano, CA. Plaintiff asserted a negligence claim against Defendant based on allegations that Defendant “fabricated and/or supplied glulam wood beams in connection with a commercial construction project for Plaintiff”…
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Parking Expert’s Testimony on Drain Clogs Limited
Plaintiff, Mary Lynn Feakes, brought this premises liability action, alleging negligence related to a slip and fall accident that occurred on Washington Metropolitan Area Transit Authority’s property on June 5, 2021. Feakes alleged that she slipped and fell on an unidentified mud-like substance in a parking space while walking from her parked car to the Shady…
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Forensic Accounting Expert Allowed to Testify Despite Lack of SQL Expertise
Plaintiff Pietoso, Inc. operates Café Napoli restaurant in Clayton, Missouri. It has a Service Agreement for waste removal from the restaurant with Defendant Allied Services, LLC—a subsidiary of Defendant Republic Services, Inc. The Service Agreement sets a basic-service rate of $323 per month, but it allows Allied to unilaterally increase this rate for certain enumerated…
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Marketing Expert’s Testimony Was Admitted Despite His Lack of Legal Credentials
X Social Media LLC (“X Social Media”) and X Corp. both use the letter “X” in association with closely related advertising services. Put simply, X Corp. is an online and app-based social-media platform that allows users to create and share a wide range of digital content, including advertisements. X Social Media is an advertising agency…
