Tag: Expert Testimony
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Structural Engineering Expert Was Allowed to Opine on the Chimney Collapse
Plaintiff Haverford Square Properties, LLC owned a building in Philadelphia insured by Defendant Trisura Specialty Insurance Company (“the Property”). The Property’s chimney collapsed and Defendant refused to pay Plaintiff’s full claim. Plaintiff then sued Defendant for breach of contract. During the litigation, Plaintiff consulted an expert, Tim Sass, who concluded that all of Plaintiff’s claimed…
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Construction Expert’s Testimony on Insurance Policy Application Excluded
This case arises from an insurance coverage dispute regarding damage to Plaintiff O’Reilly Hotel Partners–Champions Circle, LLC’s (“Plaintiff”) hotel complex in Fort Worth, Texas (the “Property”). The Property consists of various buildings, including a hotel tower, a conference center, and a golf clubhouse. The case involves multiple insurance policies and multiple insurance claims stemming from…
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Accounting Expert’s Lost-Opportunity Testimony Admitted
Plaintiffs Joshua Cane Jellison and Jessica Marie Jellison (collectively “Plaintiffs”) alleged violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, against PHH Mortgage Corporation, the assignee and servicer of their mortgage loan. Plaintiffs claimed that they entered into a COVID-19 forbearance, which caused them to accrue past due payments. According to Plaintiffs, PHH…
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Expert Testimony on Inadequate Cargo Packaging Admitted
This consolidated action concerns damage to two separate cargos of medical imaging devices shipped by air from the United States to China. The cargo at issue in the first-filed action was an MRI machine, while the cargo at issue in the later-filed action consisted of two CT scanners. Plaintiffs Indemnity Insurance Company of North America…
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Law And Legal Expert’s Industry Standards Opinions Admitted
Plaintiff, Greenwich Insurance Company, is a Delaware-based insurance carrier that issued two excess coverage insurance policies to Mirador Master Association, Inc. (“Mirador Master”), a Miami Beach-based condominium association. The first excess policy was in effect between July 17, 2020, and January 4, 2021, and the second covered the period from February 2, 2021, to July…
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Public Contracts Expert’s Testimony on Property Management Excluded
This action arises from allegations that Fluor Corporation, Inc., and Fluor Intercontinental, Inc. (collectively, “Fluor”), submitted false or misleading information to the United States Government in connection with performance and award-fee determinations under the Logistics Civil Augmentation Program IV (“LOGCAP IV”). Specifically, LOGCAP IV was a multiple-award, indefinite-delivery/indefinite-quantity contract administered by the United States Army…
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Employment Expert’s Testimony on the Work Environment Excluded
This case arises from an employment dispute involving Defendant Gannett Co., Inc., doing business as USA Today. Plaintiff Taylor Bailey, a former Gannett employee, asserted claims against Gannett for breach of contract and sex discrimination under Title VII. Bailey retained Chris S. Thrutchley provide expert opinions and testify regarding Plaintiff’s allegations and Defendant’s alleged conduct…
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Law Enforcement Expert’s Testimony on Tunnel Vision Excluded
Eric Kelley contended that he was wrongfully incarcerated for a 1993 murder and robbery for 24 years until DNA testing provided a basis for the trial court to vacate his convictions, and the State declined to retry him, Kelley then sued several members of the Paterson Police Department (“PPD”) who allegedly violated his constitutional rights…
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Finance Expert’s Testimony on Corporate Ethics Excluded
This case arises from Fluor’s performance under LOGCAP IV, Task Order 0005 (“TO5”), under which Fluor provided logistics and support services to U.S. military operations in Afghanistan. As a cost-reimbursable contract, TO5 was subject to oversight by multiple Government entities, including the Defense Contract Management Agency (“DCMA”) and the Defense Contract Audit Agency (“DCAA”). As…
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Finance Expert Allowed to Opine on Loss Causation
Stadium Capital (“Stadium”), the Lead Plaintiff in this class action lawsuit, has sued Co-Diagnostics (“CoDx”), its CEO Dwight Egan, and its CFO Brian Brown, for allegedly making false or misleading statements in violation of the Securities Exchange Act of 1934. Defendants filed a motion to exclude the testimony of Stadium’s expert witness, Chad W. Coffman…
