Tag: Expert Testimony
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Cybersecurity Expert Allowed to Opine on the Functionality of the Software Tools
This case arises from Plaintiff Cox Automotives, Inc’s (“Cox”) allegations that Defendant Super Dispatch Inc. (“Super Dispatch”) has committed false advertising, unfair competition, and other business torts against Cox. Super Dispatch denied the allegations. Cox retained an expert in computer security, Dr. Micheal Bailey (1) to evaluate the cybersecurity measures Cox employed to protect its…
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Financial Analysis Expert Was Not Allowed to Opine on Damages Models
Plaintiffs Nathan Campos and Janet Garvey (collectively, “Plaintiffs”) brought this putative class action alleging damages from being “deceived into making in-game purchases of deceptively marketed in-game items in the mobile application games Big Fish Casino and Jackpot Magic slots (collectively, “the Games”) and lost those purchases to the Games’ unlawful and unfair casino-style games of…
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Mechanical Engineering Expert’s Testimony on Patents Admitted
Plaintiffs Spartan Composites, LLC d/b/a FODS and Spartan Mat, LLC accused Defendant Signature Systems Group, LLC of misappropriating trade secrets after Signature allegedly obtained FODS’ trade secret on how to design, manufacture, market and distribute the FODS trackout mat. Plaintiffs retained Dr. William S. Howard (“Dr. Howard”), a mechanical and electrical engineer and the owner…
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Insurance Expert’s Testimony on Overhead and Profit Calculations Admitted
Plaintiff Nirangtar LLC (d/b/a Red Roof Inn Cave City) (“Red Roof”) alleged that a storm caused damage to its property. At the time of the loss, Red Roof had an insurance policy with Defendant Navigators Specialty Insurance Company (“Navigators”). Because Navigators has not paid Red Roof for its claimed losses, Red Roof filed suit in…
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Legal Expert’s Testimony on Life Insurance Investor Practices Excluded
Stranger originated life insurance (“STOLI”) policies, specifically, “involve speculators collaborating with an individual to obtain a life insurance policy in the name of that individual and then selling some or all of the death benefit payable upon the death of the insured to stranger investors.” On March 3, 2023, Plaintiff Ameritas Life Insurance Corp. (“Ameritas”…
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Construction Expert’s Testimony on Project Delays Admitted
Plaintiff ZP No. 332, LLC hired Defendant Huffman Contractors, Inc. as the general contractor on a real estate development project. Huffman allegedly failed to complete the work adequately, and ZP eventually declared a default on the construction contract. That gave the parties’ surety, Travelers Casualty and Surety Company of America, several options under a performance…
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Expert Testimony on the Functions of a County Attorney Admitted
Defendant Howard Keith Hall is the former County Attorney of Pike County, Kentucky. Hall is a current Pike County Circuit Court Judge. The United States charged Hall with two counts of mail fraud and one count of theft of government funds. The charges stem from an alleged scheme in which Hall hired Attorney A1 as…
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Mechanical Engineering Expert Allowed to Opine on Hand Placement
This action arises from an explosion and resulting injuries Dawn Clary incurred while using a Power Quick Pot model Y6D-36 pressure cooker (the “pressure cooker”), marketed and distributed by Defendant Tristar Products, Inc. (“Tristar”). Clary brought this action against Tristar for her injuries from the explosion, alleging defective design, negligence, breach of express warranty, breach…
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Credit Reporting Expert’s Testimony on Emotional Harm Excluded
This case involves alleged violations of the Fair Credit Reporting Act. The Plaintiff, Fabian Huizar, claims that Experian Information Solutions repeatedly reported inaccurate information on his credit report relating to a car loan that was the subject of a judgment rendered in state court. Huizar hired experts, Douglas Hollon and Evan Hendricks to help him…
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Risk Management Expert’s Testimony on the Required Team Composition Excluded
Andre Pauwels, the Plaintiff, filed an unjust enrichment claim against The Bank of New York Mellon Corporation and The Bank of New York Mellon, collectively referred to as “BNYM.” In short, Pauwels, who previously served as a consultant for BNYM, alleged that BNYM was unjustly enriched by its continued use of his “proprietary computational model”—the…
