Tag: expert witness
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Education Expert Was Allowed to Opine on the Best Practices for Teaching ESL Students
This is a religious discrimination case arising from Plaintiff Sudoos Hamood’s termination from Arab Community Center for Economic and Social Services (“ACCESS”). Ms. Hamood, Plaintiff, began working with ACCESS, Defendant, in 2017. In 2021, Ms. Hamood took on a new role at ACCESS and began working as an English teacher during the COVID-19 pandemic. Shortly…
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Orthopedic Surgery Expert’s Testimony on Physical Injuries Excluded
The instant matter arises out of a power catamaran scenic and snorkel tour that Plaintiffs Candice Myhre and Norman Davidson, IV boarded on May 14, 2021 from Kikiaola Small Boat Harbor. As the vessel began to exit the harbor, it encountered large waves, and Myhre stated that she flew out of her seat, hit her…
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Statistics Expert’s Scientific Analysis Excluded
This litigation arises from Plaintiff Raymond Flanks’ (“Plaintiff”) wrongful conviction for first-degree murder in 1985. Plaintiff alleged that the Orleans Parish District Attorney’s Office (“OPDA”) secured his wrongful conviction in violation of his constitutional rights by withholding material exculpatory evidence. Dr. Tumulesh Solanky is a statistician retained by Defendant Jason Williams to to conduct a…
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Law Enforcement Expert’s Testimony on Reasonable Suspicion Excluded
Plaintiff Shelby Ross asserted a Fourth Amendment unreasonable search and seizure claim against Defendant Jeremy Finney. In addition, Plaintiff asserted state law claims of assault and battery against Finney. Against Tipton County, Plaintiff averred “negligent failure to protect”/“negligent failure to prevent” claims under Tennessee law. Ross hired Roy G. Taylor as an expert witness in…
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Construction Expert’s Opinion Regarding the Siding Replacement Excluded
Tim Waldorf sued State Farm Fire and Casualty Company for breach of contract and bad faith stemming from State Farm’s denial of insurance coverage for damages allegedly caused to Waldorf’s residence following a hailstorm. State Farm filed a motion to strike the testimony of Aaron Brookens, one of Waldorf’s expert witnesses. Construction Expert Witness Aaron…
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Social Work Expert’s Litigation-Driven Opinions Excluded
Plaintiff Mary Spates (“Plaintiff”) as parent and natural guardian of her minor son, C.M., filed a suit against Defendant Horry County School District (“Defendant” or “School District”), alleging violations of C.M.’s Fourteenth Amendment due process rights. Defendant Horry County School District filed a motion in limine seeking to exclude or limit the testimony of Plaintiff’s treating…
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Retail Safety Expert’s Testimony Regarding the Duty of Care and Breach Excluded
Plaintiff William Ramsey was allegedly injured while visiting the Defendant’s store in Somerset. As a result, the Plaintiff filed a premises liability cause of action against Defendant, Lowe’s Home Centers, LLC. Plaintiff relied on the testimony and opinions of Keven Moore. According to Moore, “Defendant did not fulfill the requisite duty of care to safeguard Plaintiff…
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Expert Testimony Limited in Identity Theft Credit Reporting Dispute
Oleksandr Panchenko, a Ukrainian national, first entered the U.S. in 2009 on a J-1 visa and received a Social Security Number. He lived intermittently in the U.S. until 2019, then returned permanently in April 2023 for work. In May 2023, he discovered over $120,000 in fraudulent accounts on his credit report, including unauthorized cards, bank…
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Expert Testimony Survives Daubert Challenge in Surgical Mesh Injury Case
Connie Thacker (Plaintiff) received two surgical mesh devices, Prolift and TVT-Secur, as implants on May 8, 2009. Both devices were manufactured by Ethicon, Inc. and were designed to treat pelvic organ prolapse and stress urinary incontinence in women. Later, Thacker sued, alleging damages resulting from the use of these devices and identified Elizabeth Laposata as her “Case-Specific…
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Biomaterials Expert Barred from Testifying About Corporate Knowledge and Intent
Connie Thacker is one of tens of thousands of individuals who have filed suit against Ethicon for injuries after treatment with Ethicon’s pelvic mesh devices. Plaintiff Connie Thacker filed a motion asking the Court to preclude defense expert Dr. Uwe Klinge from offering testimony on certain subjects. Biomaterial Expert Witness Dr. Uwe Klinge is a former abdominal…
