Tag: Industry Standards
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Healthcare Expert Not Allowed to Opine on Information Blocking
Intus and RTZ both work with Program of All-Inclusive Care for the Elderly (“PACE”) facilities, which provide care to elderly patients who live in non-institutional settings in the community. RTZ developed the PACECare software system and licenses it to PACE facilities to help manage data, including patients’ electronic health information (“EHI”). Some PACE facilities also…
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Human Factors Expert Was Allowed to Testify About Limits of Visual Perception
Plaintiff Judith Bean alleged that this action arose from a February 28, 2023, trip-and-fall incident at Walmart Supercenter Facility #5686, located at 1301 N. Victory Place, Burbank, California, and asserted causes of action for negligence and premises liability. Walmart filed a motion in limine to preclude Plaintiff’s expert witnesses, Alex J. Balian and Kuba Glazek,…
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Credit Reporting Expert Not Allowed to Opine on Intentions
In 2022, Plaintiff Rick Fox received a letter from his student loan provider stating that it extended condolences to Plaintiff’s family concerning Plaintiff’s death. Several weeks later, Plaintiff learned that his insurance benefits through the Department of Veterans Affairs (“VA”) had been terminated after the VA received a report that Plaintiff was deceased. On July…
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Privacy Expert’s Testimony on Alexa Users Limited
This class action lawsuit arises out of Amazon’s practice of using smart-speaker technology (“Alexa”) to surreptitiously: (a) intercept; (b) eavesdrop; (c) record; (d) disclose; or (e) use millions of Americans’ voices and communications, all without their knowledge or consent. Such conduct blatantly violates Washington’s wiretapping law, which applies nationwide to Plaintiffs and all members of…
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Law And Legal Expert’s Industry Standards Opinions Admitted
Plaintiff, Greenwich Insurance Company, is a Delaware-based insurance carrier that issued two excess coverage insurance policies to Mirador Master Association, Inc. (“Mirador Master”), a Miami Beach-based condominium association. The first excess policy was in effect between July 17, 2020, and January 4, 2021, and the second covered the period from February 2, 2021, to July…
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Structural Engineering Expert’s Testimony on Roof Failure Admitted
Plaintiffs Laura Kotelman and Paul Kotelman (the Kotelmans) filed a Complaint against Defendant Farm Bureau Financial Services (Farm Bureau) following a dispute over insurance coverage for residential property roof damage. Farm Bureau moved to exclude the expert testimony of the Kotelmans’ structural engineering expert, Keith Stroh and to strike the rebuttal report of Stroh. Structural…
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Credit Reporting Expert Witness’ Opinions Based on his Experience And Research In Understanding Credit Score Risk-Analysis Admitted
A district judge in Florida admitted the opinions of a credit reporting expert witness after ruling that his opinions were an application of industry standards to facts that, if proven, might have helped demonstrate the satisfaction of Fair Credit Reporting Act standards by implication. Facts of the Case Plaintiff, Pablo Antonio Garcia (“Garcia”), as the…
