Tag: expert witness
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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…
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Epidemiology Expert’s Testimony With Regard to the Anti-Vaccine Movement Excluded
Board of Education of the City of St. Louis, through Superintendent Kelvin Adams and Chief Human Resources Officer Charles Burton, imposed a vaccination mandate on its employees. Despite inviting requests for religious exemptions (and received nearly 200 of them), it denied every single one of them. As a result, many of the employees brought this suit…
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Insurance Expert is Not Allowed to Opine on Structural Design
Plaintiffs, Michael and Karen Green claimed that they had sustained loss as a result of hail and wind. Defendant Nationwide Mutual Insurance Company issued them a homeowner’s policy but when Plaintiffs filed a claim for loss under the policy, it gave rise to this dispute because Nationwide apparently failed to reimburse all covered losses under…
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OSHA Expert Barred From Testifying About Causation
David Badagliacco, a Skokie, Illinois police officer, sued Safariland, LLC, alleging his exposure to pepper spray during their training course was the reason he suffered from an eye infection necessitating cornea replacement surgery. Badagliacco contended that the negligent, willful and wanton operation of the training course caused his injuries. Plaintiff David Badagliacco retained expert witness…
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Physical Medicine And Rehabilitation Expert’s Report Did Not Contain Any Analysis of a Standard of Care
This case relates to the incarceration of Plaintiff, Nocomie Tomia Moore, in the Spokane County Jail, as well as medical care and treatment she received from Registered Nurse Tsubasa Bruce, Physician Assistant Denae Paul, and NaphCare, Inc. Moore brought claims for violations of Washington State’s Medical Malpractice statute. Defendants sought to exclude Plaintiff’s expert witness,…
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Law And Legal Expert Was Not Allowed to Testify Regarding State Law Ethical Standards
Plaintiff Kuantay Reeder filed a civil rights lawsuit against Jason Williams, the Orleans Parish District Attorney, in his official capacity. Reeder had spent more than 26 years in prison following a wrongful conviction for murder. He claimed the Orleans Parish District Attorney’s Office (OPDA) violated his right to due process by failing to disclose exculpatory…
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Court Limits Psychiatry Expert’s Testimony, Citing Reliability Concerns
Kevin Brent Buchanan had been charged with making threatening interstate communications. Specifically, the charges stemmed from five voicemails he allegedly left. The Government alleged that Buchanan recorded these voicemails from Utah. These voicemails, sent in late October 2023, targeted an organization that was headquartered in the District of Columbia. To defend himself, Buchanan designated Dr.…
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Banking Expert Witness Not Allowed to Opine on the Materiality of Documents Submitted
A grand jury indicted Rasta Khalid Walid (“Walid”) on 17 counts, including failure to pay legal child support, bank fraud, false statements to a bank, engaging in monetary transactions, and false, fictitious, and fraudulent claims. Walid filed a notice disclosing the proposed testimony of two expert witnesses he intended to use at trial: In response,…
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Hiring a Neutral Medical Expert Witness is Not Necessary When Complex Questions Are Not Raised
Plaintiff being a state prisoner proceeding pro se with a civil rights complaint sought the appointment of an expert witness in the field of psychiatry and mental health treatment and care and a neutral expert familiar with policies and procedures of the California Department of Corrections and Rehabilitation. Plaintiff alleged that while he was housed…
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Vocational Rehabilitation Expert Witness’ Opinions On Wage Rates in the Mexican Labor Market Admitted Despite Alleged Flaws
After Aries Marine filed its Complaint for Exoneration from or Limitation of Liability (the “Limitation Action), seven individuals filed claims for personal injury, including Glenn Gibson, Ronald Williams, Luis H. Jimenez (aka Gilberto Gomez Rojas), Gabriel Vilano, Lee Bob Rose, Tomas Arce-Perez, and Calvin Abshire. The first six Claimants referenced above have retained Glenn Hebert…
