Tag: Expert Testimony
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Law Enforcement Expert’s Testimony on the Use of Soft-Empty-Hand Control Limited
Plaintiff Jeffrey Fulkerson accused Deputy Keegan Kirkpatrick of the Nelson County Sheriff’s Office (“NCSO”) of using excessive force during his arrest. Defendants retained Brian S. Batterton as a “police practices expert.” Batterton’s report contains three opinions: “(1) Based upon the facts and reasons contained Paragraphs 25 through 41 . . . a reasonable and well-trained…
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Economics Expert’s Opinion on Copyright Damages Excluded
Plaintiff The Upper Deck Company (“Upper Deck”) sued its former contractor, Ryan Miller (“Miller”), and its competitor, Ravensburger North America Inc. (“Ravensburger”), for claims arising from the alleged copying of Upper Deck’s new trading card game (“TCG”), Rush of Ikorr. Miller filed motions to exclude Plaintiff’s expert witnesses Dr. Roberto J. Cavazos and Dr. Ian Bogost while…
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Compliance Expert’s Testimony on the Marketability of the Olivetol Excluded
Noramco and Dishman entered into a contract (“the Supply Agreement”) under which Dishman agreed to provide Noramco with a large amount of olivetol, an ingredient used in the manufacture of pharmaceutical products. The Supply Agreement required Dishman to supply Noramco with olivetol manufactured at Dishman’s facilities in India. The Agreement represented that those facilities were “c-GMP…
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Trucking Expert’s Testimony on the Preventability of the Accident Excluded
This case arises from a fatal automobile accident that occurred on September 22, 2017. Blake Haddox was traveling southbound on a motorcycle as Defendant Nicholas Roshon Moore drove a semi-truck in a northbound lane and turned left across traffic. The two collided, and Haddox died as a result. Defendants Central Freightlines, Inc. and Nicholas Roshon Moore (collectively,…
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Compliance Expert’s Testimony on the Hallmarks of a Pill Mill Excluded
Defendant Heather Marks, a nurse practitioner, is charged in a Superseding Indictment with distributing and conspiring (with her former co-defendant, Hemal Mehta, M.D.) to distribute Schedule II controlled substances outside the usual course of professional practice and without a legitimate medical purpose. The Defendant also sought to introduce the testimony of Michael W. Staples, CMBI, as…
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Anesthesiology Expert’s Testimony on the Value of Promotion Admitted
Plaintiff, Dr. Sheldon Goldstein, a former physician in the Department of Anesthesiology quit his employment when in 2021, he did not receive apromotion to Professor on the Clinical Educator Track, the same promotion he did not attain the year prior. Goldstein alleged that he was subjected to discrimination and harassment because of his disability in…
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Expert Testimony Admitted Despite Late Disclosure of Complete Reports
This action arises out of a car accident that took place in April 2022 in Gainesville, Georgia. At the time of the accident, Defendant Darar Kerenso was employed as a driver for HJ Trucking. Plaintiff Charlene Taylor-Thomas was sitting in the driver’s seat of a parked and turned off vehicle with a friend in the…
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Accounting Expert’s Opinions on the Potential Damages Admitted
Go Global Retail sued Defendants Dream On Me Industries and Dream On Me, Inc. (collectively DOM) for misappropriation of trade secrets, breach of contract, and unjust enrichment. Go Global is a “private equity and brand investment firm” that often buys up “distressed retail assets.” It uses its in-house research and industry know-how to try to spot…
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Food Science Expert’s Testimony on the Condition of Berries Excluded
This case involves a breach of contract claim and a negligence claim regarding Stahlbush’s sale of black raspberries to Bama. Bama principally manufactures food products for the quick service restaurant industry. The dispute was over whether Stahlbush berries used by Bama in pies it produced were contaminated with stones. Plaintiff filed a motion in limine…
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Law Enforcement Expert’s Testimony on Dog Handling Practices Admitted
The claims in this case can be traced back to an unfortunate chain of events, as a routine three-officer search degenerated in the blink of an eye to chaos in a cramped apartment, the arrests of four family members, and a police dog attack that caused severe injuries to Plaintiff. On March 11, 2019, Plaintiff…
