Tag: Expert Testimony
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Court validates the objective findings of the statistics expert witness in this class action lawsuit consisting of disability discrimination claims
This case originated from a class action lawsuit filed by the Center for Independence of the Disabled, New York and other nonprofit organizations (collectively referred to as Plaintiffs) against the Metropolitan Transportation Authority (“MTA), New York City Transit Authority (“NYC Transit”), and the City of New York(“the City”) (collectively referred to as Defendants). The lawsuit…
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Geotechnical Engineering Expert Witness’ testimony does not fully pass Daubert Scrutiny as Court rejects his legal conclusions on contractual responsibilities
This case is centered around a contractual dispute between Greenup Industries, LLC (“Greenup”), the general contractor, and Five S Group, LLC (“Five S”), the subcontractor, along with the involvement of Hartford Fire Insurance Company (“Hartford”), related to excavation work on a U.S. Army Corps of Engineers (“USACE”) project. In 2020, Greenup was awarded a contract…
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Racially Polarized Voting Analysis of Voting Expert Witness found to satisfy the Daubert requirements in light of anticipated changes
Plaintiff, Black Louisiana voters, alongside nonprofit organizations advocating for civic engagement and social equality, filed this lawsuit formally accusing the Defendants, specifically Secretary of State R. Kyle Ardoin, and Intervenor-Defendant, the State of Louisiana, through Louisiana Attorney General Jeff Landry (collectively, “Movants”) of having violated Section 2 of the Voting Rights Act of 1965. Section…
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Court upholds the reliance of Biomedical Engineering Expert Witness on MAUDE data but rejects his opinions on medical causation
Plaintiff Terry Jennings-Moline filed this lawsuit against Defendants DePuy Orthopaedics, Inc. and related Johnson & Johnson entities. The case stems from hip replacement surgery Jennings-Moline underwent in January 2016, when her surgeon, Dr. Douglas McInnis, implanted a Pinnacle hip implant containing an AltrX polyethene acetabular liner (AltrX liner) made by Defendants. In February 2018, McInnis…
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Evidentiary Standard of Reliability is lower than the merits standard of correctness;Court admits the testimony of Human Factors Expert Witness regarding the adequacy of the product’s warning labels in this failure-to-warn suit
In a products liability action, Plaintiffs Timothy and Jean Moore filed a failure-to-warn lawsuit against Defendant Combe Inc., the manufacturer of the Just For Men brand of hair dye products. The Moores alleged that Combe knew or should have known that their products could cause vitiligo and/or skin depigmentation but failed to adequately warn users…
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Physician’s expert testimony must stay within the ‘reasonable confines’ of their practice area; Court limits the testimony of Internal Medicine Expert Witness regarding the spread of COVID-19
In the case brought by Plaintiff Leonard Roberts against Defendants Philadelphia Express Trust, Hapag-Lloyd USA, LLC, and Marine Transport Management, Leonard Roberts had alleged that he contracted COVID-19 while working as a longshoreman on a vessel with an individual who had tested positive for COVID-19. His Amended Complaint included claims for fraudulent concealment under Georgia…
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Damages cannot be awarded for speculative losses; Court limits testimony on lost wages and lost earning capacity of the Plaintiff
Plaintiff John Doe, who was referred to by a pseudonym by the Court, brought an action against the Trustees of Dartmouth College (“Dartmouth”) alleging that Dartmouth had violated Title IX of the Education Amendments of 1972 and had breached a contract by expelling him from Dartmouth’s Geisel School of Medicine. This expulsion followed Dartmouth’s determination…
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Court limits testimony of Marketing Expert Witness citing lack of experience analyzing consumer confusion from either a legal or marketing perspective in trademark infringement suit
In the case involving Plaintiff Blue Bottle Coffee, LLC and Defendants Southern Technologies, LLC and Hui Chuan Liao, the Plaintiff, a coffee business, filed a lawsuit in August 2021 and an amended complaint in November 2021. The dispute centered on alleged trademark infringement and unfair competition claims. The Plaintiff held multiple registered trademarks, including two…
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Expert’s opinion need not rely on admissible evidence to be admissible; Court deems a motion to bar forensic accounting expert witness premature
Justin Guy, a former employee of Absopure where he worked as a driver transporting products within the state of Michigan, had filed a collective action lawsuit on behalf of himself and 25 opt-in Plaintiffs, alleging that Absopure violated the Fair Labor Standards Act (FLSA) by not paying overtime for hours worked in excess of 40…
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Experts are not obligated to present invoices, statements and documents in support of their testimony; Court refuses to exclude the testimony of Finance Expert Witness
Plaintiffs Rearden LLC and MOVA LLC (collectively “Rearden”) sued Defendants The Walt Disney Company and related entities Walt Disney Motion Pictures Group, Inc.; Walt Disney Pictures; Buena Vista Home Entertainment, Inc.; Marvel Studios LLC; Mandeville Films, Inc.; Infinity Productions LLC; and Assembled Productions II LLC (collectively “Disney”) for contributory copyright infringement, vicarious copyright infringement, and…
