Tag: Expert Testimony
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Business Valuation Expert Witness’ Opinion as to the Gross Profit Margin of a Resale Transaction Admitted
In March 2021, United States Department of Health and Human Services (“DHHS”) awarded Airboss Defense Group (“ADG”) a contract to supply 18,200,000 boxes of nitrile gloves by March 15, 2022. Under the contract, the government would pay ADG $12.98 per box of gloves and transportation costs of $2.85 per box. The total contract price was $288,106,000. …
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Consumer Product Safety Expert Witness’ Testimony About the Availability of Pop-up Warning Technology Excluded
On June 20, 2015 at approximately 1:00 am, Thomas Power was using the Elitebook while at a 24-hour gym with the computer balanced directly on his lap. After using the computer for approximately 20-60 minutes, the laptop exploded into flame, burning Power’s legs. He sustained serious injuries, including burns requiring a skin graft, hydrotherapy, catheterization, and intravenous…
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Human Resources Expert Witness’ Testimony About Retaliation Excluded
Carol Stepien is a former employee of the National Oceanic and Atmospheric Administration (“NOAA”) in Seattle. She worked at the Pacific Marine Environmental Laboratory (“PMEL”), a lab within NOAA, an agency in the Department of Commerce. She contended that NOAA had discriminated against her based on her sex and age, subjected her to a hostile…
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Obstetrics and Gynecology Expert Witness’ Opinions Admitted Because they Pertain to the Issue of Medical Standard of Care
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for…
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Human Factors Engineering Expert Witness’ Testimony About Gun Design Excluded
Plaintiff Ashley Catatao, an officer with the Somerville Police Department, was injured when her Sig Sauer P320 duty pistol fired in its holster without her pulling its trigger. She sued the gun’s manufacturer, Defendant Sig Sauer, Inc., alleging it designed the P320 defectively and the defect caused her injuries. Catatao submitted a report from William…
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Certain Opinions of Environmental Expert Witness Excluded Because They Amount to Contract Interpretation
Plaintiffs Box Elder Kids, LLC filed a class action lawsuit against Defendants Anadarko Petroleum Corporation, Anadarko E & P Onshore, LLC, and other associated entities alleging a breach of Surface Owner Agreements (SOAs). These agreements obligated Anadarko, as successor to Union Pacific Land Resources Company, to pay a percentage of the value from oil, gas,…
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Economics Expert Witness’ Conclusions Regarding Lost Profits Damages Admitted
In this action, the Frazier Parties alleged that the Eagle Air Parties lacked probable cause to sue them for defamation and other similar claims in an underlying lawsuit that concluded in 2020 (the “Underlying Action”). The Frazier Parties claimed that the Underlying Action damaged Sentinel’s existing or prospective client relationships, resulting in lost profits of…
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Automotive Industry Expert Witness’ Testimony about the Legitimacy of the Investment and Business Practices Excluded
Plaintiff filed this lawsuit to recover the $425,000 investment it made into the corporate Defendant, No-H20 USA, Inc., which was the product of fraudulent misrepresentations made by Defendant O’Brien both verbally and in writing pertaining to the Company’s performance and ownership of critical intellectual property. O’Brien was at all material times the CEO of the…
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Environmental History Expert Witness’ Testimony About the Original Parties’ Motivations Admitted
Plaintiffs Box Elder Kids, LLC filed a class action lawsuit against Defendants Anadarko Petroleum Corporation, Anadarko E & P Onshore, LLC, and other associated entities alleging a breach of Surface Owner Agreements (SOAs). These agreements obligated Anadarko, as successor to Union Pacific Land Resources Company, to pay a percentage of the value from oil, gas,…