Tag: Expert Testimony
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Economics Expert’s Opinion on Career Earnings Prospects Admitted
This case involves a Federal Employers Liability Act (“FELA”) claim for emotional distress and a Federal Railroad Safety Act (“FRSA”) whistleblower claim based on alleged retaliation. Despite the failure to timely file the required documents, the Union Pacific’s Employee Assistance Program (“EAP”) granted Nathan Walker a grace extension of his medical leave of absence. On…
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Expert Testimony on Inadequate Construction Techniques Excluded
This action concerns whether the construction of a condominium building damaged the townhouses on an adjacent property owned by the Plaintiff, Charles Matiella. Plaintiff alleged causes of action for negligence and trespass against the owner of the adjacent property, Murdock Street, LLC; the two companies who operated as the general contractor and developer for the…
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Mechanical Engineering Expert’s Mix-and-Match Opinions Excluded
Plaintiff Taylor Lavergne sued Hyundai Motor Company and Hyundai Motor America (collectively, “Defendants”) in connection with injuries she allegedly sustained during a rear-end collision between a 2013 Jeep Wrangler and a 2016 Hyundai Accent (the “subject vehicle”) in which she was a passenger. Plaintiffs designated Brian Herbst as their mechanical engineering expert. Hyundai Motor Company…
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Economics Expert’s Lost Sales Analyses Deemed Reliable
Plaintiff Serra Chevrolet, Inc. (“Serra”) sued Defendant General Motors, LLC (“GM”) for breach of contract, violations of Alabama’s Motor Vehicle Franchise Act, negligence, wantonness, and violations of the federal Dealer’s Day in Court Act. Serra retained Patrick L. Anderson to provide an expert report on lost sales and lost profits in this matter. GM filed a…
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Accounting Expert’s Testimony on Due Diligence Limited
Plaintiffs Sabby Volatility Warrant Master Fund Ltd. (“Sabby”), SZOP Multistrat LP (“SZOP”), Alto Opportunity Master Fund SPC Segregated Master Portfolio B (“Alto”), and Hudson Bay Master Fund Ltd. (“Hudson Bay”), purchasers of common stock of Quanergy Systems, Inc. (“Quanergy”) in a public offering that closed on November 2, 2022 (the “Offering”), brought suit against Defendants…
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Construction Expert’s Opinions on Typical Overhead and Profit Margins Admitted
This litigation arises from hail damage to a hotel owned by Defendants, Merryton Bossier, LLC, Grace Chiao, and Hui Ping Lee (collectively, “Merryton”) in Bossier City, Louisiana, in 2020. Merryton engaged Stonewater Roofing LTD. Co., LLC to perform roof repairs, contingent upon insurance approval by Scottsdale Insurance Company (“Scottsdale”). After appraisers assessed the damage, Scottsdale…
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Compliance Expert Was Allowed to Opine on Amazon Policy
ZAGG initiated this action against DVG, TX Trading Inc. (“TX Trading”), and Menachem Mendel Ichilevici (“Ichilevici”) (collectively, “Defendants”), alter egos collectively doing business as Amazon Seller “Mac N’ Cheese,” violated Sections 32 and 43 of the Lanham Act, 15 U.S.C. §§ 1114, 1125(a), by infringing on ZAGG’s trademarks and falsely advertising ZAGG products. Plaintiff, ZAGG,…
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Economics Expert Was Allowed to Opine on Recidivism
Plaintiff John Doe brought facial and as-applied constitutional challenges to the reporting requirements contained in Arizona’s sex offender registry statutes. Under Arizona’s statutory scheme, Doe is required to register as asex offender for life. Intervenor-Defendants Warren Petersen and Ben Toma retained Dr. John Lott as an expert witness. Plaintiff filed a motion to exclude the…
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Infectious Disease Expert Was Allowed to Opine on Masking and Testing
Eight former Redmond firefighters sued the City of Redmond (“City”) after being terminated for refusing COVID-19 vaccinations on religious grounds. They argued the City should have let them continue working with masking and testing rather than requiring vaccination. Plaintiffs filed a Daubert motion to exclude the testimony of the City’s expert, Dr. John Lynch. Infectious…
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Political Science Expert Was Allowed to Opine on Paraguay’s Legal System
On September 12, 2025, Maik Evert Ens Loblein (“Petitioner”) filed the Petition for the Return of Children to Paraguay pursuant to the Hague Convention. The Petition asserted that Roxana Andrea Alcaraz de Ens (“Respondent”) unlawfully retained in the United States two children who habitually reside in Paraguay. On September 15, 2025, Petitioner filed an Amended…
