Tag: Expert Testimony
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Calculations of Future Medical Costs presented by Life Care Planning Expert Witness found to consist of Mathematical and Geographical Errors
Plaintiffs Briana Leakas and her minor son, D.L., along with Theodore Leakas, Leakas’ spouse and D.L.’s guardian ad litem, initiated a legal action in the Monterey County Superior Court alleging personal injuries resulting from toxic mold contamination in a home they leased from Defendants, Monterey BayMilitary Housing, LLC. The Plaintiffs claimed they sustained these injuries…
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Economic Damages Expert Witness held to Employ Valid Methodology for Computing Lost Licensing Profits
Plaintiff Brand Design Company, Inc., d/b/a House Industries (“House”), a design studio and typeface foundry is in the business of developing and marketing proprietary fonts. House accused Defendant Rite Aid Corporation of appropriating one of these proprietary fonts and its corresponding font software—Neutraface—in the pharmacy chain’s rebranding effort, with the assistance of Defendants GA Communications, Inc., d/b/a PureRED Creative,…
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Legal Fee Analysis Conducted by Litigation Expert Witness held to meet Reliability Standard under Daubert
The Plaintiff, New Prime, Inc. (“Prime”), a large trucking company, enlisted Greenfield as an expert to assess the reasonableness of their decision to hire the Gibson Dunn law firm for defense in a wrongful death lawsuit arising from a tractor-trailer collision in New Mexico in December 2015. In the ongoing lawsuit, the Plaintiff accused AmWins…
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Testimony of Human Resources Expert Witness Rejected for Failure to Demonstrate how her Experience Informed her Conclusions
In the summer of 2020, Alexandria L. Erwin, the Plaintiff, was hired by OBI Seafoods, LLC, the Defendant, to work as a fish processor at its Egegik, Alaska fish processing plant. Erwin, who is Black, reported instances of racial harassment and discrimination in the workplace. She claimed that coworkers made explicit comments objectifying her and…
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Survey Methodology Employed by Marketing Expert Witness Deemed Admissible
Plaintiff, Anthony Bush on behalf of a class of California consumers, brought a class action against the Defendant, Rust-Oleum Corporation for mislabeling of its “Krud Kutter” cleaning products as “non-toxic” and “Earth friendly,” contending that it violated California consumer-protection laws since the products were, in fact, harmful to humans, animals, and the environment. The operative…
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Trucking Expert Witness deemed unqualified to testify about likely cause of tire blowout
Plaintiff, Robin D. Post sued Defendant, Dennis J. Zimmerman following a highway accident on December 23, 2019 when Defendant John H. Kaser, Plaintiff, and Zimmerman—in that order—were traveling eastbound on Highway 24 in Osborne County, Kansas. Plaintiff rode in a Chevrolet Equinox while Defendants Kaser and Zimmerman each drove semi-trucks. The Plaintiff was rear-ended by…
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Human Resources Expert Witness Opinion on Retaliation Held to Lack Sound Methodological Basis
Plaintiff, Rohan Peters, an African-American Pilot sued his former employer, International Paper Company (“International Paper” or “Defendant”), alleging claims of wrongful termination and retaliation arising out of Defendant’s discrimination pursuant to Title VII of the Civil Rights Act of 1964. Defendant filed a Motion for Summary Judgement on May 31, 2023. The Court granted summary judgement in favor…
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Financial Expert Witness’ Damages Calculation Aggregating Alleged Infringing Sales Admitted
Massimo Motor Sports, LLC (“Massimo”) and the Defendants were engaged in the manufacturing and sale of sports vehicles, such as utility terrain vehicles (UTVs) and all-terrain vehicles (ATVs). The moving Defendants included Shandong Odes Industry Co., Ltd. (“Shandong”), Odes Usa Inc. (Cal) (“Odes Cal.”), Odes Usa Inc. (Tex) (“Odes Tex.”), Lil Pick Up, Inc. (“Lil…
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Intellectual Property Valuation Expert Witness Reasonable Royalty Analysis Deemed Deficient
Judge Joshua Wolson of Delaware District Court noted that, “Economists love assumptions. One joke recites that a physicist, a chemist, and an economist find themselves on a desert island with a single can of food. The physicist offers to calculate the force needed to use a coconut to open the can. The chemist offers to…
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Accounting Expert Witness Testimony Found to Lack Understanding of the Type of Business at Issue
James Swain Rieves, who operated Platinum Vapor, LLC, doing business as Cloud 9 Hemp faced legal trouble when the Town of Smyrna Police Department (hereinafter “SPD”) discovered the sale of Cannabidiol (CBD) products by the business in May 2017. The Smyrna Police Departmentraided Cloud 9’s premises and seized tens of thousands of dollars ininventory, along…
