Tag: Expertise
-
Psychology Expert Witness’ Testimony About the Research on the Reliability of the Field of Firearm and Toolmark Identification Admitted
Defendant Adrian Garcia was charged in a three-count indictment for an alleged carjacking that occurred on May 22, 2022: The Government stated it would present evidence showing the offender possessed a firearm, used it during the carjacking, and discarded it while fleeing. Police later recovered the firearm at the scene. The Government retained firearms and…
-
Occupational Medicine Expert Witness’ Testimony As to the Causation of the Subject Incident Admitted
This lawsuit involves an alleged slip and fall in the Petco Store. Plaintiff, Lisa Brune alleged multiple injuries caused by the slip and fall and sought damages for same. Plaintiff complained that Petco failed to adhere to this Court’s Order. Then Plaintiff complained that the testimonies, opinions, and/or reports of David C. Randolph, M.D., Ph.D., and…
-
Forensic Science Expert Witness’ Conclusions About Citigroup’s Security Standards Rejected
Hamrit, a citizen of Algeria who lives in Washington, D.C., has been a Citibank customer with a personal checking and savings account since July 2019. In early May 2020, Hamrit’s relationship manager at Citibank, Jim Riutta, encouraged Hamrit to join the Citi Personal Wealth Management (“CPWM”) program. He alleged that, while monitoring the trading activity…
-
Chiropractic Expert Witness is Not Qualified to Speak to the Correctness of an EMC Diagnosis
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…
-
Mortgage Lending Expert Witness’ Testimony Regarding Deviation from HUD Standards Limited
On November 22, 2019, Plaintiffs Alfredo and Chelsie Dominguez (“collectively “Plaintiffs” or “Dominguez”) refinanced their manufactured home with Wallick & Volk, working with loan originator and W&V employee, Christina Bingham. In February 2020, W&V sold the loan and transferred servicing to The Money Source, Inc. (“TMS”). Nine months later in November 2020, Plaintiffs’ hazard insurance…
-
Medical Billing Expert Witness’ Testimony About the Reasonable Charges for the Medical Procedures Excluded
This is an automobile negligence case alleging that the Plaintiffs, Fred Young and Jeff Firman were permanently injured in a rear-end collision by an employee of the Defendant, Panera, LLC. Plaintiff filed a motion to exclude or limit the testimony of Defendant’s medical billing expert, Keyona White. Plaintiffs argued White’s testimony should be excluded because her testimony…
-
Forensic Expert Witness’ Testimony About Use of Deadly Force Admitted
In November 2020, Defendant and another deputy were attempting to serve felony arrest warrants on Jacob Settle and Sophronia Whitehead at their residence. When the deputies arrived, Settle was in the driver’s seat of a truck. Settle did not comply with the deputies’ commands to exit the truck, and he started the truck and took…
-
Drug Enforcement Expert Witness Allowed To Testify Despite Not Being A Pharmacist
Manes is a pharmacy that has served the Van Buren, Arkansas community for nearly 40 years. AmerisourceBergen is a wholesale distributor of pharmaceutical products, including controlled substances. This dispute arises from AmerisourceBergen’s decision to restrict its sale of controlled substances to Manes. Manes sued AmerisourceBergen for breach of contract, tortious interference with Manes’ business expectancies,…
-
Testimony of Industrial Hygiene Expert Witness Admitted Despite her Alleged Lack of Firsthand Knowledge
A district judge in California admitted the testimony of an industrial hygienist despite the legitimacy of her method being attacked. Plaintiffs, former employees of Defendant, Bay Area Rapid Transit District (“BART”) brought First Amendment, Title VII, and FEHA claims against BART after losing their jobs due to their refusal to comply with BART’s COVID-19 vaccine mandate. …
-
Law Enforcement Expert Witness Testimony on Marijuana Odor Rejected
On July 1, 2020, Officer Jack Gilboy (“Gilboy”) of the St. Charles Parish Sheriff’s Office approached Plaintiff Cedric Otkins (“Otkins”) while Otkins was sitting alone in his parked car at the East Bank Bridge Park in St. Charles Parish, Louisiana. Otkins filed this civil rights action alleging a violation of his Fourth Amendment right to…