Tag: Expert Testimony
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Neurosurgery Expert Witness’ Testimony Admitted Despite Lack of Textual Support
This litigation arises out of an auto accident involving Plaintiff Shaun E. Howard and a Tractor-trailer driven by Defendant Reginald Mitchell. On November 18, 2021, Plaintiff was driving his vehicle on LA 21 in St. Tammany, Louisiana. As Plaintiff was driving in the left lane, Plaintiff alleged Mitchell, who was operating a tractor-trailer, attempted to…
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Mechanical Engineering Expert Witness’ Testimony Could Mislead the Jury as to Defendant’s duties
Plaintiffs Kyle and Annaleah Justice raised claims of negligence and strict liability against Defendants Bestway (USA), Inc. and Rural King under the Missouri Wrongful Death Statute. Plaintiffs’ claims arose from the drowning death of their minor daughter, E.M.J., in an above-ground pool on August 3, 2019. Rural King argued that certain opinions of Plaintiffs’ retained…
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Railroad Expert Witness’ Testimony Concerning the History of Fatigue Management Excluded
Plaintiff Elmer Kellar sued his employer, Defendant Union Pacific Railroad Company (“UPRR”), under the Federal Employer’s Liability Act (“FELA”). He sought damages for injuries he sustained when he drove his car off the road minutes after clocking out on January 17, 2021. Kellar claimed he fell asleep at the wheel. Kellar argued that UPRR was…
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Architecture Expert Witness Barred From Offering Legal Conclusions Regarding an Unreasonable Risk of Harm
This case involves injuries caused by a falling sign at a retail store. Allison Howard alleged that on March 27, 2023, she was shopping in a Target store when she was hit in the neck and upper back by an improperly attached metal and wooden sign that fell from the top shelf of the aisle…
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Accounting Expert Witness’ Approach to Calculating Lost Profits is Accepted in the Relevant Field
Plaintiff Dick’s Sporting Goods, Inc. (“DSG”) filed a lawsuit against Defendants Forbes/Cohen Florida Properties, L.P. (“Forbes”) and The Gardens Venture LLC (“Gardens Venture”) (collectively “Defendants”). DSG claimed that Forbes tortiously interfered with its business and contractual relationships, which involved Sears, Roebuck, and Co. (“Sears”) and Transform Operating Stores LLC (“Transform”), specifically regarding the sublease…
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Pulmonary Disease Expert Witness’ Opinions on the Reliability of the DOH Investigations are Barred
Plaintiff Lori LaRock filed a medical malpractice and negligence against Albany County Nursing Home (“ACNH”), the County of Albany, Larry Slatky, Debbie Gossman, Rhonda Lyga, and John and Jane Does #1-5 (collectively “Defendants”). Plaintiff asserted that she and her family often found Sanford unfed, unbathed, ungroomed, and covered in his own urine and vomit. On…
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Psychology Expert Witness’ Behavioral Analysis Based on General Cognitive Model Rejected
Plaintiff Matthew Alan Hearn brought certain claims against the Defendants City of Bakersfield, police detective Christian Walter Hernandez V, police sergeant Nathan A. Anderberg, and probation officer S. Jauch, collectively “City Defendants,” and County of Kern, collectively “County Defendants”. He based these claims on their actions during a law enforcement encounter on September 27, 2020,…
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Testimony of Physical Medicine & Rehabilitation Expert Witness Concerning Plaintiff’s Life Care Plan Is Not Entirely Based on Speculation
Plaintiff Towanda R. Futrell filed this personal injury action on August 28, 2023. The action arises from a motor vehicle accident on Interstate 64 on December 16, 2022, when a tractor-trailer owned by AV Leasing, LLC, leased by Triton Logistics, Inc., and driven by Daniel Cramer, collided with a bus on which Futrell was a…
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Intellectual Property Expert Witness’ Testimony Admitted Because it Does Not Invoke the Entire Market Value Rule
Plaintiff Wireless Alliance, LLC (“Plaintiff” or “Wireless Alliance”) brought allegations against Defendants AT&T Mobility LLC, AT&T Services, Inc., and AT&T Corp. (“Defendants” or “AT&T”). Wireless Alliance asserted that AT&T infringed on several United States patents concerning enhancements to cellular networking systems. The patents in question include United States Patent No. 9,144,106 (the “‘106 patent”), Patent…
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Law Enforcement Expert Witness’ Disclosure Held to be Inadequate
This case deals with the indictment of Derik Carothers. He is charged with three offenses. At Count One, the grand jury charged him with conspiracy to distribute and possess with intent to distribute a quantity of cocaine base, in the form commonly known as crack, a Schedule II controlled substance. At Count Two, the grand…
