Tag: Expert Testimony
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Law Enforcement Expert Not Allowed to Opine on Excessive Force
Following a traffic stop, Plaintiff Emily Sizemore was arrested and tased several times by a City of Montgomery police officer. Sizemore asserted claims for excessive force, assault and battery, and negligence against the arresting police officer Richard Dorman. Defendant Dorman filed a motion seeking to exclude Sizemore’s proposed expert witness, Nathaniel Allen. Law Enforcement Expert…
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Crisis Management Expert Allowed to Opine on Corporate Behavior
In this certified class action, the Plaintiffs-Christopher Degroot, Steven Showalter, and all others similarly situated-alleged that their former employer violated the federal Worker Adjustment and Retraining Notification Act (“WARN Act”) and the Nebraska Wage Payment and Collection Act (“NWPCA”) when it terminated them without notice and without paying accrued but unused paid time off. The…
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Accident Reconstruction Expert Not Allowed to Opine on the Safety of the Seat Heater
Plaintiff Emily LaPrade has paraplegia with limited sensation in her lower body due to a spinal cord injury in 2014. While returning from a camping trip in September 2023, LaPrade rode in the front passenger seat of her family’s 2023 Volkswagen Tiguan. She claimed that she received second-degree burns after she used the vehicle’s seat…
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Maritime Expert Allowed to Opine on Safety Standards
Plaintiff Jonathan Conner is a Jones Act seaman who worked for REC Marine aboard the M/V GOL Warrior. While working aboard the vessel, he suffered what was later diagnosed as a heart attack at some point in the day on January 27, 2024. Conner alleged that REC Marine was negligent in its handling of his…
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Corrections Expert’s Standard of Care Testimony Admitted
Terri Beth Mays died on November 4, 2021, while she was an inmate at the Whitley County Detention Center. Her Estate (“Mays’ Estate”) alleged that Jail personnel, nurses, and medical providers were responsible for ensuring her health and safety while she was in their custody, yet they failed to address her obviously serious medical needs…
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Human Resources Expert Allowed to Opine on Termination
This action arises out of Plaintiff Jon Evans’ employment with Defendant Critter Control Operations, Inc. During this employment, Plaintiff brought multiple concerns to Defendants’ Human Resources (HR) staff Ms. Rebecca Dye regarding “unfair treatment, safety concerns, and potentially fraudulent activity.” After eight and a half months of employment, Defendants terminated Plaintiff on October 18, 2021.…
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Human Factors Expert Not Allowed to Opine on the Tile
Plaintiff Rebecca Bell alleged that she fell while an invitee at the Hobby Lobby store in Daphne, Alabama. She filed suit against Hobby Lobby Stores, Inc. and Alex Mendoza (manager of the Daphne Hobby Lobby store) asserting causes of action for negligence, wantonness, and negligent/wanton hiring, training, supervision or retention. Plaintiff stepped on an uneven…
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Economics Expert Was Not Allowed to Opine on Technical Difficulties
This class action lawsuit arises out of Amazon’s practice of using smart-speaker technology (“Alexa”) to surreptitiously: (a) intercept; (b) eavesdrop; (c) record; (d) disclose; or (e) use millions of Americans’ voices and communications, all without their knowledge or consent. Such conduct blatantly violates Washington’s wiretapping law, which applies nationwide to Plaintiffs and all members of…
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Radiology Expert was Allowed to Opine on the Extent of the Injuries
Plaintiff Sheli D. Milam Sams and Dr. Bradley Sams had Safeco Policy No. F335202 (“the Policy”) that included underinsured motorists (“UIM”) coverage. On February 13, 2021, Plaintiff was involved in an automobile accident in Colorado. The other driver, Semega Mahamadou, was at fault, and Mahamadou’s vehicle had an Allstate policy. Mahamadou’s Allstate policy had liability…
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Radiology Expert Allowed to Opine on Emergency Care
On September 19, 2023, Rita C. Peyton was seen at a local hospital by a physician employed by Blue Ridge Radiology, P.C. for an outpatient CT-guided biopsy of a lesion on her lung. The biopsy required that the doctor insert a biopsy needle into Mrs. Peyton’s lung to reach the lesion. But after nine unsuccessful…
