Tag: Legal Conclusion
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Intellectual Property Expert’s Fair Use Opinion Admitted
The Volga German people are individuals of German origin who moved to the Volga region of Russia in the eighteenth century. Many of the descendants of the Volga German people have moved to other parts of the world after persecution of Germans in Russia. There is a sizable Volga German diasporain the American Midwest. Plaintiff…
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Law Enforcement Expert Was Not Allowed to Opine on the Party’s Intent
Plaintiff Deborah Jones-MacDonald brought this civil rights action against Defendants, Harris County Sheriff’s Office (“HCSO”) Deputies Ronaldo Delgado and Charles Ribbe (collectively, “the Deputies”), alleging that she suffered personal injuries as a result of an August 13, 2021 encounter with the Deputies. Plaintiff sought to exclude the report of the Deputies’ expert, Michael A. Dirden,…
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Emergency Medicine Expert’s Standard of Care Testimony Excluded
Plaintiff Chanada Robinson (“Plaintiff Robinson”) is the mother of Anthony J. Thompson, Jr., who was involved in an incident at East Austin Magnet High School (“Austin East”) that ended his life on April 12, 2021. Plaintiff Robinson alleged violations of the Fourth Amendment, deliberate indifference to Thompson’s medical needs, assault and battery, and intentional infliction…
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Economics Expert’s Lost Sales Analyses Deemed Reliable
Plaintiff Serra Chevrolet, Inc. (“Serra”) sued Defendant General Motors, LLC (“GM”) for breach of contract, violations of Alabama’s Motor Vehicle Franchise Act, negligence, wantonness, and violations of the federal Dealer’s Day in Court Act. Serra retained Patrick L. Anderson to provide an expert report on lost sales and lost profits in this matter. GM filed a…
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Engineering Expert Was Allowed to Opine on the Ruptured Pipe
Plaintiffs, BME Fire Trucks LLC (“BME”) and 223 Roedel Avenue LLC’s (“Roedel”), brought this action against their insurer, Defendant The Cincinnati Casualty Company (“Cincinnati”), seeking damages caused by a ruptured natural gas pipeline. On October 31, 2022, BME submitted a claim to Cincinnati, and Cincinnati retained Brian Hansen of Northwest Investigative Engineering to inspect the…
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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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Urban Planning Expert Was Allowed to Opine on Sign Regulations
Plaintiffs Cozy Inn, Incorporated and its owner Stephen Howard sued the City of Salina, Kansas for constitutional violations after the City stopped Howard from painting a display on the side of the building that housed his restaurant. The artist Howard hired, Colin Benson, began painting the display on Friday, November 3, 2023. Three days later,…
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Police Practices Expert’s Testimony About Baton Technique Admitted
Plaintiffs Lazendra Collins, Lawrence Teague, and Willie Teague alleged that various officers of the Chicago Police Department (“CPD”) violated the U.S. Constitution and Illinois state law during a confrontation in May 2020. The City identified Paul Amelio as a proposed expert witness on police practices. Amelio, an active-duty CPD officer, serves as “Team Leader” and…
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Law Enforcement Expert’s Testimony on Reasonable Suspicion Excluded
Plaintiff Shelby Ross asserted a Fourth Amendment unreasonable search and seizure claim against Defendant Jeremy Finney. In addition, Plaintiff asserted state law claims of assault and battery against Finney. Against Tipton County, Plaintiff averred “negligent failure to protect”/“negligent failure to prevent” claims under Tennessee law. Ross hired Roy G. Taylor as an expert witness in…
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Law Enforcement Expert’s Testimony on the Use of Soft-Empty-Hand Control Limited
Plaintiff Jeffrey Fulkerson accused Deputy Keegan Kirkpatrick of the Nelson County Sheriff’s Office (“NCSO”) of using excessive force during his arrest. Defendants retained Brian S. Batterton as a “police practices expert.” Batterton’s report contains three opinions: “(1) Based upon the facts and reasons contained Paragraphs 25 through 41 . . . a reasonable and well-trained…
