Tag: Harmless
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Orthopedic Surgery Expert’s Testimony on Physical Injuries Excluded
The instant matter arises out of a power catamaran scenic and snorkel tour that Plaintiffs Candice Myhre and Norman Davidson, IV boarded on May 14, 2021 from Kikiaola Small Boat Harbor. As the vessel began to exit the harbor, it encountered large waves, and Myhre stated that she flew out of her seat, hit her…
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Law And Legal Expert’s Testimony on OPDA’s Practices Admitted
This litigation arises from Plaintiff Raymond Flanks’ (“Plaintiff”) wrongful conviction for first-degree murder in 1985. In particular, Plaintiff alleged that the Orleans Parish District Attorney’s Office (“OPDA”) secured his wrongful conviction in violation of his constitutional rights by withholding material exculpatory evidence. Laurie Levenson is a law professor who was retained by Plaintiff to testify…
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Psychiatry Expert Was Barred From Testifying About the Abuse Allegations
From 2020 to 2022, Plaintiff Jane Doe was dating Defendant Aaron Tanner, who at the time was a member of the Los Angeles County Sheriff’s Department (“LASD”) and the alleged leader of a law enforcement gang called the “Rattlesnakes.” According to Plaintiff, during the course of her relationship with Tanner, Tanner physically abused her. Tanner…
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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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Expert Testimony Admitted Despite Late Disclosure of Complete Reports
This action arises out of a car accident that took place in April 2022 in Gainesville, Georgia. At the time of the accident, Defendant Darar Kerenso was employed as a driver for HJ Trucking. Plaintiff Charlene Taylor-Thomas was sitting in the driver’s seat of a parked and turned off vehicle with a friend in the…
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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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Orthopedic Surgery Expert’s Testimony on Medical Negligence Excluded
Plaintiff Nicholas Price, a former Virginia inmate, filed this civil rights action against Defendant Kyle Smith, M.D. (“Dr. Smith”), alleging that Smith wasdeliberately indifferent to Price’s serious medical needs after he sustained significant knee injuries while playing basketball at Augusta Correctional Center (“ACC”). Smith filed a motion to exclude the medical opinions of Price’s expert…
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Packaging Expert’s New Opinion About the Shrink Wrap Excluded
On November 4, 2019, the Plaintiff, Cook Logistics, LLC filed a complaint alleging breach of contract for damage its cargo allegedly suffered while the Defendant, Equipment Express, Inc. transported it from Canada to Washington. The Defendant’s expert witness, Lawrence Dull, concluded that the “damaged equipment in this case was caused by the failure of the…
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Any Rule 26 Violation in the Accounting Expert’s Disclosure was Substantially Justified
Plaintiffs Michael Sutherland and Comfy Materials LLC sued Defendant Wellshow Machining Parts, Inc. for copyright infringement and false advertising relating to Defendant Wellshow’s Amazon listings of itscompeting products. Per the Amended Case Management and Scheduling Order, Plaintiffs disclosed one expert witness, Charleen Purdy, on March 14, 2025, who will “opine on Plaintiffs’ economic losses in connection…
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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…
