Tag: Expert Testimony
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Environmental Engineering Expert’s Failure to Consider Mitigation Efforts Renders His Opinions Unreliable
Plaintiffs Tonya Clayton and Hazel Stroble allege that an automobile assembly plant operated by Defendant FCA US LLC (“FCA”) near their homes in Detroit, Michigan (the “Detroit Plant”) emitted noxious odors into their neighborhood. They said that these odors unreasonably interfere with their ability to use and enjoy the residences that they own and depreciate…
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Psychology Expert’s Testimony on Loss of Consortium Excluded
Heather Blanchard died after undergoing a surgery at Madigan Army Medical Center. Heather’s husband Roy Blanchard was present in the hospital when Heather first finished surgery. Roy asserts his struggle with grief following Heather’s death has impacted his career and earning capacity. At the time of Heather’s death, Roy worked at J.P. Morgan in a private…
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Safety Expert’s Testimony on Label Warning Issues Admitted
This products liability case arises out of injuries sustained by Plaintiff Joseph Gonsoulin (“Gonsoulin”) while seated on an allegedly defective electronic motorcycle that unexpectedly took off and caused him to crash into a wall. As a result, Gonsoulin sued both the manufacturer of the Beta Explorer— Defendant Zhejiang Apollo Sports Technology (“Apollo”)—and the bike’s American…
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Occupational Medicine Expert’s Testimony About Professional Standards for Drug Testing Admitted
Plaintiff Ruben Wills, a former New York City Council member, brought claims for negligence and violation of his Fourteenth Amendment right to procedural due process against Microgenics Corporation and Sheila Woodberry, respectively. Plaintiff was convicted on corruption charges, although his conviction was later reversed on direct appeal. While still incarcerated, and shortly before his scheduled parole,…
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Marketing Expert’s Use of the Market Approach Methodology Affirmed
Plaintiff FireBlok IP Holdings LLC (“FireBlok”) sued Defendants Hilti, Inc. (“Hilti”) and RectorSeal LLC (“RectorSeal”) (together, “Defendants”) and asserted two separate causes of action under the Lanham Act, False Advertising and False Association, based upon Defendants’ use of the UL Certification mark and FM Approval mark on Hilti’s Firestop Box Insert. The Firestop Insert is…
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Ski Safety Expert’s Causation Testimony Excluded
This case arises from 13-year-old Jake Kaminski’s death from a ski accident at the Christmas Mountain Village resort in March 2023. Melissa Kaminski, who is Jake’s mother, and his sisters Mikayla and Jordan brought claims against the owner of Christmas Mountain, BlueGreen Vacations Unlimited, Inc. The Kaminskis contended that Jake’s death was caused by Christmas…
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Rehabilitation Expert’s Employability Report Partly Admitted
Plaintiff Jean-Claude Franchitti brought retaliation claims against his former employers, Defendants Cognizant Technology Solutions Corp. and Cognizant Technology Solutions U.S. Corporation. More specifically, Franchitti alleged that Cognizant terminated his employment because he spoke out against the company’s unlawful efforts to eliminate experienced non-Indian employees in its workforce, questioned the legality of fraudulent visa applications the…
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Intelligence Research Expert’s Belated Report Admitted
A grand jury charged Defendants Chariece Chew and Kathryn Coe with engaging in the straw purchase of firearms and making false statements in the acquisition of firearms. Also, the grand jury charged Chew with two counts of being a felon in possession of firearms. The Final Pretrial and Trial Order set June 13, 2025 as…
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Medical Expert Cleared to Testify on Treatment in Medicaid Case
The case arose from the use and reimbursement of the drug NovoSeven, which was prescribed to ten Washington Medicaid patients with severe Hemophilia A and inhibitors to Factor VIII. Some used the drug in high doses or for off-label prophylactic treatment. Washington Medicaid reimbursed these prescriptions during the relevant period. NNI retained Dr. Michael Tarantino as an expert witness.…
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Maritime Expert’s Testimony Admitted Despite the Possible Existence of an Alleged Information Gap
This maritime case stems from a collision between two vessels in the Fort Myers Yacht Basin during Hurricane Ian. The vessel Madame Musique became loose from its mooring and struck Knot Speed, which was secured to the adjacent dock. Madam Musique’s owner—Petitioner Randal Toca—sought “exoneration from liability” under the Shipowner’s Limitation of Liability Act. Knot…
