Tag: Expert Testimony
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Orthopedic Surgery Expert’s Testimony on Knee Injury Admitted
Plaintiff Maria Marano slipped and fell while at a Sam’s Club store. She subsequently filed a negligence lawsuit against Defendant Sam’s East, Inc., alleging that she sustained a meniscal tear in her knee as a result of the fall. Defendant disputes whether there is a causal connection between the fall and injury. Marano offered Dr.…
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Human Trafficking Expert’s Testimony About Shell Companies Admitted
Jane Doe 3, a victim of Jeffrey Epstein’s abuse, sued Darren K. Indyke and Richard D. Kahn in their capacities as the executors of Jeffrey Epstein’s estate for participating in a sex-trafficking venture in violation of the Trafficking Victims Protection Act (TVPA). Doe’s rebuttal expert, Jane Khodarkovsky, is a former state and federal prosecutor who…
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Survey Research Expert’s Testimony on Economic Harm and Damages Admitted
Linda Sunderland and Benjamin Binder, amongst others, filed this putative class action against Defendant PharmaCare U.S., Inc., asserting consumer protection and breach of warranty claims based on its Sambucol product, a dietary supplement that is alleged to contain a proprietary extract of black elderberry. Defendant filed a motion to exclude Plaintiffs’ experts, Dr. J. Michael…
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Financial Analysis Expert’s Testimony on Employee Compensation Admitted
This case arises from a contract dispute between Plaintiff Alorica Inc. and Defendant Tech Mahindra (Americas) Inc. concerning customer service outsourcing for AT&T. Defendant asserted that Plaintiff’s conduct caused damages, including employee time lost to negotiating an amendment, addressing issues from the alleged breach, and repairing Defendant’s AT&T relationship. To quantify these damages, Defendant retained…
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Safety Engineering Expert’s Testimony on the Structural Failure of the Ladder Excluded
Plaintiff Andrew Christensen alleged that he was injured while working at Plaintiff Jessica Lawrence’s home, using an aluminum stepladder, Model W-2112-065, which was manufactured by Defendant Louisville Ladder, Inc. Plaintiff Lawrence had purchased the Ladder from Walmart, Inc. Christensen asserted products liability claims against Louisville Ladder based on the alleged injury. Louisville Ladder filed a…
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Accounting Expert’s Testimony on Business Expenses Admitted
De Tomaso Automobili Holdings N.A. LLC (“De Tomaso”) creates, develops, and sells luxury automobiles. Norman Choi is its current owner. Ryan Berris is its former Chief Executive Officer and Chief Marketing Officer. Berris sued Choi and De Tomaso for, inter alia, breach of contract and wrongful discharge. Berris sued Choi and De Tomaso for, inter alia, breach…
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Engineering Expert’s Testimony on an Unsafe Walking Surface Admitted
This is a premises liability action in which the Plaintiff Natasha Walkowicz Shea (“Plaintiff’) sought to hold the Defendants, Kalahari Resorts & Conventions-Poconos; Kalahari Resorts, PA, LLC; and Kalahari Resorts, LLC (hereinafter, collectively, “Kalahari”) liable in negligence for her alleged injuries sustained as a result of slipping and falling on snow and/or ice in a…
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Marketing Expert’s Testimony on Consumer Confusion Admitted
Defendant Learneo, Inc., a Delaware corporation with a principal place of business in Redwood City, California, operates a website named Course Hero, an online learning platform of course-specific study resources. In particular, this action involves alleged unlawful conduct on Course Hero, where users upload materials, such as study resources, and access materials shared by others.…
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Ophthalmology Expert’s Standard of Care Testimony Admitted
Plaintiff Raymond Dean Brown, a federal inmate confined at the Federal Correctional Center in Terre Haute, Indiana (“FCC Terre Haute”), brought this action against the Defendants, Dr. Elizabeth Trueblood, Dr. William E. Wilson, and Dr. David Lukens, alleging that they were deliberately indifferent to his serious medical conditions in violation of his Eighth Amendment rights.…
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Telephone Expert’s Testimony on the Reliability of Ytel Records Admitted
Michael Anthony (“Plaintiff”) filed this putative class action against The Federal Savings Bank (“FSB”), National Bancorp Holdings, Inc. (“NBH”), and FDE Marketing Group, LLC (“FDE”) (collectively, “Defendants”), asserting violations of the Telephone Consumer Protection Act (“TCPA”). The Plaintiff filed a motion to bar defense expert Jan Kostyun while Defendants filed a cross-motion to bar Plaintiff’s expert Aaron D. Woolfson. Telecommunications Expert Witness Jan Kostyun…
