Tag: expert witness
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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…
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Expert Barred from Offering Inflammatory Opinions in Maritime Injury Case
Kyle Rak worked as a Jones Act seaman for C-Innovation, L.L.C. (“C-I”). On October 10, 2022, everything changed. According to Rak, his superintendent suddenly shoved him to the ground without warning. The incident left him injured and shocked. The next day, things got worse. C-I terminated Rak’s employment and, as he claimed, left him stranded…
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Marketing Expert’s Testimony on Consumers’ Perceptions Admitted
This case centered on a trademark dispute involving the mark IDHAYAM, which means “heart” in Indian languages and was used in connection with sesame oil sales. Defendant Meenakshi Overseas LLC sold sesame oil under the IDHAYAM name and held a federal trademark registration for it. Plaintiff V.V.V. & Sons Edible Oils Limited, who also marketed…
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Neurology Expert’s Testimony on the Future Anticipated Effects of SCA2 Admitted
Michael Braun filed a lawsuit against his former employer, Norton Healthcare, Inc., claiming that he was fired from his job as a Staff Pharmacist due to disability discrimination and retaliation. He alleged that this conduct violated the Americans with Disabilities Act (ADA). Subsequently, on November 29, 2024, Braun disclosed Dr. Mark Bazant as his treating…
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Psychology Expert’s Opinions Regarding Suicide by Cop Excluded
This civil rights case arises out of the officer-involved detention and shooting of Hector Puga (“Decedent”) by California Highway Patrol officers Isaiah Kee, Michael Blackwood, and Bernardo Rubalcava (“State Defendants”) and County of San Bernardino deputies Jake Adams and Robert Vaccari (“County Defendants”) that resulted in Decedent’s death on February 17, 2021. At the Final…
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Expert Testimony on Wage and Hour Issues Admitted
George Huerta filed a wage and hour class action based on his work at the California Flats Solar Project in Monterey County. First Solar, Inc., the project owner, hired CSI Electrical Contractors, Inc. (“CSI”) to manage Phase 2 construction. CSI employed a large workforce, including subcontracted labor from Milco National Constructors. Huerta worked on-site from…
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Civil Engineering Expert Did Not Rely on “Homemade Theories”
Carleton Shockman’s property was allegedly damage by an April 2021 hailstorm. After inspecting the property, State Farm found no storm-related damage and denied coverage. Shockman invoked the policy’s appraisal process, which resulted in an award of $61,778.97, but State Farm still denied coverage. Finally, Shockman sued State Farm, asserting claims for breach of contract, violations of…
