Tag: Expert Testimony
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Human Factors Expert Allowed to Opine on Foreseeable Behavior
This is a strict products liability and negligence case against Adams, the manufacturer of a plastic Adirondack chair that failed and rendered Ronald Scanlan a quadriplegic. The Defendant filed motions to exclude opinions of three of the Plaintiff’s expert witnesses: Russell Dunn, Clifford Tribus and Joellen Gill. The Plaintiff filed a motion to exclude opinions of the Defendant‘s expert…
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Mechanical Engineering Expert Not Allowed to Opine on Zippers
Plaintiff Amcor Flexibles North America, Inc. (Amcor) brought this action against Defendant Reynolds Packaging, LLC (Reynolds), asserting claims for negligence, indemnification, and breach of warranty arising out of Amcor’s purchase from Reynolds of allegedly defective zippered, food-storage pouches. Reynolds sued the Third-Party Defendant Reynolds Presto Products, Inc. (Presto), the manufacturer of the zipper component used…
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Law Enforcement Expert Allowed to Opine on Civilian Participation
This action arises out of the execution of search warrants on three properties owned by one or more of the Plaintiffs, John Andros and his wife, Julie Andros (together the “Androses”), Kings Parkway, LLC d/b/a 67 Motors (“67 Motors”), and Ideal Transport, LLC. The locations searched were the Androses’ home located at 172 Primrose Lane,…
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Nutrition Expert Not Allowed to Opine on FTC Compliance
This putative class action involves claims that a manufacturer falsely marketed its pediatric nutrition beverage as helping children grow taller. Joanne Noriega sued Abbott Laboratories (“Abbott”), claiming that the packaging and marketing of its beverage, PediaSure Grow & Gain (“PediaSure”), has thus misled consumers. Noriega claimed that she purchased PediaSure for her grandson based on…
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Public Health Expert Not Allowed to Opine on N95 Respirators
Plaintiff Shonna Hunter brought a religious discrimination claim against her former employer Defendant PeaceHealth. Plaintiff offered the expert testimony of Dr. Michael J. Mina, MD, Ph.D., who opined that PeaceHealth could have accommodated Plaintiff with N95 respirator and “regular testing” in lieu of vaccination. PeaceHealth filed a motion to strike Mina’s testimony as irrelevant and…
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Real Estate Expert Not Allowed to Opine on Undue Hardship
On September 24, 2024, Plaintiff Pharilyn Chhang filed the operative second amended complaint against Defendants West Coast and Sergio Madrigal, alleging causes of action under the Fair Housing Act (FHA), California Fair Employment and Housing Act (FEHA), wrongful eviction; invasion of private right to occupancy; and breach of duty. Plaintiff claimed that she is a disabled…
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Expert Testimony on Children’s Exposure to Domestic Violence Excluded
Dave Neil Speedie (Father) filed a petition under the International Child Abduction Remedies Act (ICARA), the statute that implements the Hague Convention on the Civil Aspects of International Child Abduction (the Convention). Father sought the return of his minor children, L.S. and I.S., from Washington, where they are presently in the custody of Alexi Dawn…
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Fine Arts Expert’s Testimony on Fair Market Value Limited
In 2018, John Hock completed a 53-foot steel sculpture, Prometheus III. The work was displayed in Franconia Sculpture Park, an institution Hock co-founded and his then-employer. In 2019, Franconia terminated Hock, and he agreed to remove Prometheus III from the park. By late 2023, he had not done so, and Franconia, believing the sculpture was…
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Mechanical Engineering Expert Not Allowed to Opine on Blender Warnings
SharkNinja manufactured the Ninja Professional Plus Blender, model BL610. Cody Ford received the blender as a gift at her bridal shower in February 2023. The blender was in a box and after opening the box, Ford removed the “top pulp tray” which, according to the design, rests on top of the wrapped pitcher that contains…
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Product Safety Expert’s State-of-Mind Testimony Excluded
On November 10, 2022, Kenneth and Phyllis Zerr perished in a house fire. Plaintiffs—the Zerrs’ children and Kenneth Zerr’s estate—alleged that the fire was caused by a defective dehumidifier produced by Gree. In support of their defense, Defendants planned to use expert witnesses. On the origin of the fire, Defendants offered Todd Soong. On the…
