Tag: Expert Testimony
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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…
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Autopilot Misuse Went Unchecked by Tesla, Expert Claims
The Plaintiff, Neima Benavides, sued Tesla, Inc. after Naibel Benavides Leon was killed and Dillon Angulo was seriously injured when a Tesla Model S went through a T-intersection in Key Largo and off the pavement, striking their parked Chevrolet Tahoe as they were standing next to it. George McGee, the driver of the Model S,…
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Expert Testimony Curtailed in Defective Conveyor Case
In July 2022, while working at Tyoga Container Company’s facility, William Borden stepped onto a mesh belt conveyor manufactured by Mainline Conveyor System, Inc. The conveyor unexpectedly activated and threw him off, causing severe lacerations to his left knee and lower leg. Borden claimed that the conveyor was defective and unreasonably dangerous. In August 2023,…
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Forensic Accounting Expert’s Valuation Testimony Without Deductions Admitted
Platinum Services, Inc. filed a lawsuit against the United States, acting through the Department of Defense (DoD), alleging breach of contract. The dispute centered on the transportation of 45 shipments of household goods for military service members during the summers of 2016, 2017, and 2018. Platinum claimed it had entered into an agreement with the…
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Defamation Expert’s Testimony on Economic Damages Excluded
Plaintiff Brian Menge, a former police detective with the City of Highland Park, Michigan, brought a claim against Defendant Khursheed Ash-Shafii, a Highland Park city councilman, alleging that Ash-Shafii unlawfully retaliated against him in violation of the First Amendment because of Menge’s successful settlement of a prior lawsuit against the City. The retaliation consisted of…
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Law Enforcement Expert Was Not Allowed to Opine on the Existence of Probable Cause
This matter arises from Plaintiff Gina Kuhlman’s arrest by Officers David Grasha and Samantha Haggerty of the Cleveland Division of Police, for operating a motor vehicle under the influence (“OVI”) and for refusing to submit to a drug and alcohol test. To support her case, Kuhlman offered the expert reports of Rajeve Saini and Timothy…
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Numismatics Expert’s Testimony on the Proper Classification of the Coins Admitted
This is a fraud action the Commodity Futures Trading Commission (CFTC) and thirty States (collectively, the “government”) brought against Lucas Asher and Simon Batashvili (Individual Defendants) and the entities through which they operated. This case deals with Metals.com and the precious metals it sold to consumers from approximately 2017 to 2020. Through Metals.com, TMTE, Inc.,…
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Economics Expert’s Testimony on Anti-Discounting Policies Admitted
Plaintiffs sued Amazon.com, Inc., claiming that the company violated the Sherman Act. They contended that Amazon denied customers the “benefits of lower prices and fees” that would arise in a competitive market; and they said Amazon did so by imposing on third-party sellers “Most Favored Nation” policies that cause customers to pay supra-competitive prices. Plaintiffs’ economics…
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Obstetrics Expert’s Testimony on Brain Damage Limited
Elizabeth Reyes and her minor daughter G.T. sued the United States, Bronx Lebanon Hospital Center, BronxCare Health System, and two doctors over G.T.’s permanent medical conditions, which the Plaintiffs alleged were caused by mistakes made during Reyes’ labor and delivery and G.T.’s neonatal care. The Bronx Lebanon Defendants filed a motion to preclude Plaintiffs’ obstetrics…
