Tag: Expert Testimony
-
Evidence of Causation Necessary to Support Damages Theory; Court Limits Clashing Expert Testimony on Economic Damages
This copyright infringement case was brought by JBrick, LLC (“JBrick”) against Chazak Kinder, Inc., Chazak Distribution, Inc., Marav USA LLC, and Yaacov Schwartz (collectively “Defendants”) in the United States District Court for the Eastern District of New York. JBrick alleged that the Defendants infringed on their copyright for a lego model of the Second Holy…
-
Court held that the original intent of the expert report does not serve as sufficient grounds for its exclusion but nevertheless rejected some of food safety expert’s conclusions which were not based on his expertise
In a legal dispute concerning recalled pet treats, the Court significantly limited the admission of expert opinions that merely restated established facts or summarized existing evidence. The Court’s decision emphasized that experts should not serve as individuals who determine facts or evaluate evidence on behalf of the jury. Only one expert opinion was permitted, specifically…
-
Court rejects expert testimony on unfair trade practices and consumer expectations regarding deodorants and antiperspirants; Closes Case
The Court granted Unilever’s motion to exclude expert testimony on unfair trade practices and consumer expectations regarding deodorants and antiperspirants after finding deficiencies in both the experts’ facts, data, and methodology. The sample sizes were too small and the data was ambiguous and incomplete. The testing methodology also yielded unpredictable results. Consumer expectations relevant to…
-
Disagreement among experts regarding methodology does not necessitate exclusion under Daubert; Nursing expert witness testimony on adequate staffing levels survives challenge
This case involved a putative class action lawsuit brought by Plaintiff Gail Parrish against Defendant Gordon Lane Healthcare, LLC (Gordon Lane), which operated a long-term skilled nursing facility where Parrish resided. Parrish, by and through his daughter and successor in interest, Monica Parrish, alleged that Gordon Lane failed to adequately staff the facility in violation…
-
Expert Fire Investigator’s testimony determining the point of origin and cause of the fire found reliable
The Court denied a Daubert motion to exclude a fire investigator’s testimony on the origin and cause of a destructive fire. It found the investigator qualified through extensive experience investigating fires. Minor flaws in his analysis provided fodder for cross-examination but did not warrant exclusion. Competing expert conclusions created a battle of the experts for…
-
Court limits expert testimony on crash reconstruction and its contributing factors
In this car accident case, the court ruled that accident reconstructionist Leonard Vaughan could testify about the visibility of headlights leading up to the crash based on his experience and review of evidence. However, his opinions that the defendant had a duty to fully stop at the intersection and that his employer was vicariously liable…
-
Expert testimony regarding marketing practices of electronic cigarette and vape products passes the Daubert test
The City of Chicago brought an enforcement action against two e-cigarette companies for 700+ illegal sales to minors. Though the Court entered judgment against the companies for the violations, it declined to hold the owner personally liable as an alter ego. It found use of age-verification systems did not constitute an unfair practice under the…
-
Court admits image valuation and consumer perception theories with regard to the model and talent industry provided by the Plaintiff’s experts in copyright infringement suit
Wisconsin District Court denied a motion to exclude the Plaintiffs’ expert who used his industry experience to opine on hypothetical negotiation value. The court found his valuation method reliable enough for admission, despite the Defendant’s critiques. It also permitted the Plaintiffs’ survey expert, ruling that flaws in the survey went to evidentiary weight, not admissibility.…
-
Court confirms the admissibility of the testimony of occupational medicine expert in employment discrimination case
In an Americans with Disabilities Act of 1990 “ADA” discrimination case, the Court denied the Defendant’s motion to preclude expert testimony offered by the Plaintiff opining that certain medical guidelines were outdated. Though the Defendant argued the opinions were unsupported, the Court found the testimony could potentially assist the jury and weaknesses were better addressed…
-
Court excludes unreliable pharmacology and neurology expert opinions in product liability case; grants summary judgment
In a lawsuit against Vitamin Shoppe, a man alleged its vitamin supplements containing arsenic and lead caused his peripheral neuropathy. He relied on his treating neurologist and a pharmacist to provide expert opinions on causation. The court excluded both experts, finding their methodologies failed to reliably account for the dosage of toxins consumed. Without admissible…
