Tag: expert witness
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Radiology Expert Witness’ Testimony Admitted Despite Claims of Being Cumulative
On November 18, 2021, Plaintiff was driving his vehicle on LA 21 in St. Tammany, Louisiana, when he alleged that Reginald Mitchell (Defendant), attempted to merge into the left lane while operating a tractor-trailer, causing a collision. As a result of this collision, Plaintiff sustained injuries. Defendants retained Dr. Ryan T. Fitzgerald, a radiologist, and Dr. Everett G.…
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Psychiatry Expert Witness’ Interpretation of the Diagnostic Criteria for PTSD Deemed Unreliable
Sarah Budd alleged that SkyWest (Defendant) discriminated against Budd by subjecting her to a sexually hostile work environment during her employment at SkyWest’s Dallas-Fort Worth International Airport facility and retaliating against her for reporting the harassment. Budd claimed that SkyWest placed her on indefinite administrative leave as retaliation. In response, the Equal Employment Opportunity Commission…
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Pain Management Expert Witness’ Testimony About Billing for Medical Examinations Admitted
This matter involves the Plaintiff insurers’ claim that Defendants unlawfully billed for medically unnecessary and illusory services, misrepresented the nature and extent of the services, and operated in violation of various laws specific to the healthcare and/or insurance sector. According to the Plaintiff, Titan Defendants agreed to refer patients to the Stein Defendants in exchange…
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Maritime Safety Expert Witness’ Testimony on Metal Grating Admitted
Plaintiff Kevin McCray worked as a longshoreman for his employer, Houston Terminal LLC, on the MV Maersk Tennessee. The MV Maersk Tennessee, a container ship, was owned and operated by Defendant Maersk Line Limited. On February 28, 2023, McCray worked in Bay 30 with his co-worker, Manuel Maldonado, for about 1.5 to 2 hours. McCray…
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Certain Opinions of Environmental Expert Witness Excluded Because They Amount to Contract Interpretation
Plaintiffs Box Elder Kids, LLC filed a class action lawsuit against Defendants Anadarko Petroleum Corporation, Anadarko E & P Onshore, LLC, and other associated entities alleging a breach of Surface Owner Agreements (SOAs). These agreements obligated Anadarko, as successor to Union Pacific Land Resources Company, to pay a percentage of the value from oil, gas,…
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Law Enforcement Expert Witness Deemed Qualified To Opine On Law Enforcement’s Reaction to High-Stress Situations
This civil rights action arises out of an October 23, 2020 traffic stop involving Plaintiff, Kary Jarvis and Daytona Beach Police Department officers Marville Tucker and James Mackenzie. As a result of the traffic stop, Plaintiff was injured and filed a complaint alleging false arrest. Plaintiff sought to exclude Defendants’ expert witness Dr. Richard Hough…
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Expert Testimony Concerning the Open Service of Homosexuals Held to be Relevant
Memorial Day, originally called Decoration Day, is a day of remembrance for those who have died in service of the United States of America. It is observed on the last Monday of May. New York was the first state to officially recognize the holiday in 1873. It was recognized by all northern states by 1890.…
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Legal Assertions made by Aviation Expert Witness Rejected Despite his Experience as a Pilot
On June 24, 2023, at approximately 3:08 PM, Colter Bay Rangers were notified “of an illegally landed helicopter at the base of Moran Creek in Moran Bay.” According to the probable cause statement, Rangers G’Sell and Cardenas responded and found “a Eurocopter Helicopter (N708SD) . . . [with] two individuals outside the helicopter.” After contacting…
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Court excluded the testimony of Civil Engineering Expert Witness citing lack of baseline qualifications and unsupported alternative design theory
Plaintiff Jorge Martins brought a products liability action against Defendants, The Sherwin-Williams Company (Sherwin-Williams) and Anixter Inc.The Plaintiff, a welder and mechanic employed at a power plant, suffered significant injuries, including the loss of his right eye, when a can of aerosol spray-paint primer exploded in his face while he was painting a fabricated steel…
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Court excludes the testimony of Business Administration and Management Expert Witness citing Violation of Disclosure Obligations
This case involved a dispute between Plaintiffs Toa Trading LLC and MunshiBari LLC and Defendants Mullen Automotive, Inc. and Mullen Technologies, Inc. over an alleged breach of contract. The Plaintiffs claimed that the Defendants failed to pay them a finder’s fee as required by an agreement between the parties. The Defendants argued that they were…
