Tag: expert witness
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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…
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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…
