Tag: expert witness
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Court admits expert testimony regarding restrictive covenants in public nuisance case
In Stone v. Harley Marine, the court denied Harley’s attempt to exclude Plaintiff’s expert, finding his long experience preparing neighborhood analyses qualified him to opine on land use and deed restrictions. The court held that the expert employed a reliable methodology involving site inspection and document review. While Harley could make specific objections at trial,…
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Court limits fire and battery expert testimony in fatal laptop battery explosion case
This case arose from a December 2015 apartment fire in Everett, Washington that was allegedly caused by a lithium-ion laptop battery manufactured by Hewlett-Packard (HP). The plaintiff insurance company brought subrogation claims against HP for negligence and strict product liability under Washington law. The plaintiff retained two expert witnesses who opined that the fire was…
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FTX Founder’s Experts Face Exclusion in Cryptocurrency Fraud Case
The upcoming fraud trial of FTX founder Sam Bankman-Fried recently faced a major development regarding expert witnesses. Federal prosecutors filed motions to completely exclude all seven expert witnesses noticed by Bankman-Fried’s defense team. The Government argues the testimony of experts including a barrister, professors, and industry professionals would be irrelevant, unreliable, confusing, or prejudicial. Specifically,…
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California Court admits the testimony of film and television industry experts in copyright infringement action
Plaintiffs allege certain episodes of Defendants’ shows Prank Encounters and Double Cross infringe episodes of Plaintiffs’ show Scare Tactics. The court denies Defendants’ motion for summary judgment, finding genuine disputes remain regarding substantial similarity and damages. The court also largely denies motions to exclude expert testimony on similarity and damages, ruling that flawed assumptions and…
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Court admits royalty analysis on a convoyed sales approach, denied motion to exclude in Patent Infringement case
In this patent infringement lawsuit, the Court addressed Defendant’s motion to exclude Plaintiff’s damages expert under Daubert and Rule 702. The Defendant argued the expert improperly inflated the value of the patented inventions by including non-infringing products and features in his royalty calculations. However, the Court upheld the expert’s methodology. It found the expert permissibly…
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Colorado Court weighs reliable basis of Pathology Expert’s testimony over semantics in medical negligence suit
The Court rejected the Plaintiff’s argument to exclude the Defense expert’s opinion that high mitotic rates correlate with poor prognosis. While the Plaintiff insisted this equated to an unreliable, unsupported “prediction” of causation, the court found the dispute merely semantic. The expert never explicitly opined mitotic rates “predict” malignancy. Rather, he suggested an “association” or…
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Eleventh Circuit clarifies the difference between the two types of expert witness disclosures under Rule 26
Eleventh Circuit elaborated on the difference between two types of expert witness requirements under Rule 26 in the instant case- a detailed written submission and a less extensive pretrail disclosure. #experttestimony #federalruleofcivilprocedure26(a)(2)(B) #federalruleofcivilprocedure26(a)(2)(C)
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Nebraska Court excludes Employment Law Expert’s testimony in Employment Discrimination suit
Plaintiff, Amanda Benson offered the testimony of Dr. Christiane Tellefsen, a forensic psychiatry expert and Amy Oppenheimer, an employment law expert to substantiate it’s claims of employment discrimination, harassment, and retaliation against the Defendant, City of Lincoln. When City of Lincoln filed Daubert motions against both experts, the Court admitted the testimony of Dr. Christiane…
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Alaska District Court Limits Insurance Expert’s Testimony
Plaintiff, Tundra Mountain Holdings, LLC instituted this action to recover its insurance claims from Defendant, Markel Insurance Company. Markel Insurance Company cited the defective design exclusion clause of Tundra’s insurance policy to deny coverage. Tundra retained Elliot S. Flood, a former head auditor and Certified Public Accountant with special expertise in insurance accounting for his…
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Court Rules in Defendant’s Favor amidst Claims of Racial and Disability Discrimination
In a significant legal case involving discrimination claims, the court ruled in favor of the defendant, Calvary Christian School. The case revolved around allegations of racial and disability-based discrimination against the school. Plaintiff Ms. Jaketra Bryant represented her son, C.B., who has Autism Spectrum Disorder and ADHD. The court’s decision was primarily influenced by the…
