Tag: Expert Testimony
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Mortgage Expert Witness’ Statements regarding TILA Rescission Held to Amount to a Legal Conclusion
This case involved claims under the federal Truth in Lending Act (“TILA”) regarding alleged errors in a loan arranged between Plaintiff and Defendant, as well as claims of slander of title, quiet title, and wrongful foreclosure. Beginning in 2006, Plaintiff owned residential property in Sandy, Utah (the “Property”). Defendant Veritas Funding, LLC is a mortgage…
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Insurance Expert Witness with Commercial and Residential Construction Experience Deemed Qualified to Present Observations of Plaintiff’s Property
The case arises out of a claim for total replacement of a concrete tile roof due to hail damage under a businessowners insurance policy for a dental office at 550 24th Ave. SW in Norman (the “Property”). The hailstorm occurred onApril 28, 2021. Defendant filed a Daubert motion to strike and exclude certain opinions and…
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Intellectual Property Expert Witness’ Report Held to be a Treatise on Copyright Law in a Breach of Contract Case
In 1996, after almost a decade of searching, Intersal, Inc. (“Intersal”), a marine research and recovery company, discovered the storied Queen Anne’s Revenge (“QAR”), flagship of the notorious pirate Blackbeard, off the coast of North Carolina. The vessel reportedly sank near Beaufort Inlet in 1718, and it has been the stuff of legend since. Although…
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Civil Engineering Expert Witness’ Assessment of Wind-Pressure Damage resulting from Hurricane Sally Admitted
Hurricane Sally, which made landfall in Gulf Shores, Alabama on September 16, 2020, damaged the Compass Point Condominium (the “Condo”). This action arises out of a disagreement between the insured, Compass Point Condominium Owners’ Association, Inc. (the “Plaintiff”), and its insurer, Landmark, regarding the extent of damage to Plaintiff’s property caused by Hurricane Sally, the necessary repairs, and…
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Pain Management Expert Witness Found to Lack Expertise in the Drafting or Revision of CPT Codes
The Defendant, Laura Perryman, the founder and former CEO of Stimwave Technologies Incorporated and Stimwave LLC (together, “Stimwave”), was responsible for overseeing the design of the StimQ Peripheral Nerve Stimulation (“PNS”) System, a medical device (the “Device”) aimed at treating chronic pain by using electrical currents to target peripheral nerves, that is, the nerves outside…
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Psychology Expert Witness Testimony Regarding Trauma Resulting from Alleged Racial Discrimination Limited
Plaintiffs and Proposed Class Representatives Quinton Burns and K.B (collectively “Burns”) brought this action individually and on behalf of all similarly situated Black people against Defendants SeaWorld Parks & Entertainment, Inc. and SeaWorld Parks & Entertainment, LLC on account of the alleged racial discrimination that they suffered at Defendants’ property, Sesame Place Philadelphia (“Sesame Place”).…
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Emergency Medicine Expert Witnesses Opinions on Medical Screening Examinations Admitted
The case involved claims under the Emergency Medical Treatment and Labor Act (EMTALA) concerning the death of Calvin Jackson, Sr.’s minor child, C.J., the Plaintiffs. On August 9, 2020, C.J. received emergency medical care at North Caddo Medical Center (NCMC), the Defendants. Jackson alleged that NCMC failed to provide C.J. with proper medical screening and…
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Testimony of Labor and Employment Expert Witness Regarding Applicability of 7(i) Exemption of FLSA Rejected
The Plaintiffs, including Kelli Salazar, Wayne Carpenter, Rodney Lopez, and Gregory Hanna who were either current or former drivers for Defendant, The Driver Provider (“DP”), initiated legal proceedings under the Fair Labor Standards Act (FLSA). They contended that the Defendants misclassified them and did not adequately compensate them, contravening the FLSA regulations. Specifically, the Plaintiffs…
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Court rejects the opinions of Environmental Engineering Expert Witness citing Lack of Demonstrable Testing or Modeling based specifically on Mining Sites
Blackhawk Mining, LLC and Pine Branch Mining, LLC (“the Mining Companies”) had operations in Breathitt County, Kentucky. Between July 25 and July 30, 2022, communities across eastern Kentucky suffered historic rainfall that led to “one of the most significant, deadly floods” in the Commonwealth’s history. The floods resulted in significant damage to property and the tragic…
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Forensic Engineering Expert Witness held to use a Reliable Methodology for Window Evaluation
Plaintiffs, Aimee and Erich Wolf filed a suit against Defendant, State Farm & Casualty Company raising claims such as breach of contract and bad faith from damage inflicted on the Wolf’s home during Hurricane Laura, which made landfall in Southwest Louisiana on August 27, 2020. Throughout the relevant period, the home was insured by State…
