Tag: Legal Conclusion
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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…
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Forensic Pathology Expert Was Not Allowed to Opine on the Cause of the Accident
This lawsuit arose out of the death of Vincent McKinney on April 15, 2021, at a U-Haul construction site. Plaintiff disclosed Wayne K. Ross, M.D., P.C., a forensic pathologist as an expert witness. Plaintiff retained Ross “to determine the cause and manner of death and to assess for conscious pain and suffering.” Defendant filed a motion…
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Law Enforcement Expert’s Testimony on False Arrest Excluded
Plaintiff Omar O’Hara brought this civil rights action against Defendants Terrence Lott and Marlissa Butler-Cherry, who are police officers with the University City Police Department (“UCPD”), in their individual capacities. He alleged that Defendants violated his constitutional rights when they wrongfully arrested him during the early morning hours on March 15, 2023. Plaintiff filed a…
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Internal Medicine Expert’s Testimony Limited Despite His Physician Behavior Experience
Plaintiff State of Washington alleged that Novo Nordisk Inc. (“NNI”) caused physicians to prescribe its drug, NovoSeven®, to Washington hemophilia patients by: (1) promoting it “off-label” for prophylaxis and “high dose” use; (2) paying kickbacks to physicians; and (3) paying bribes to patients, all of which rendered claims to Medicare and Washington Medicaid false. The…
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Accounting Expert’s Testimony on Alter Ego Issues Limited
The Plaintiffs had purchased timeshares at the Westgate Smoky Mountain Resort. They alleged that the Defendants, comprising various entities linked to the resort, operated a high-pressure sales scheme. According to the Plaintiffs, this scheme persuaded prospective buyers to invest in the vacation timeshare program without properly disclosing critical and legally mandated information. On March 13,…
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Expert Testimony on the Professional Standard of Law Enforcement Officers Excluded
Plaintiff Suzanne Stewart filed a gender discrimination and retaliation suit against the City of Arcola after Mayor Fred Burton terminated Stewart’s employment as “a direct result of policy violations related to insubordination and [her] unprofessionalism.” Plaintiff filed a motion to strike the opinion of Defendant’s expert Michael W. Thaler. Law Enforcement Expert Witness Michael W. Thaler…
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Law Enforcement Expert Permitted to Testify on the General Reasonableness of Police Conduct
This lawsuit can be traced back to an incident that took place on November 11, 2019, in which Phoenix Police Department Officer Brittany Smith-Petersen shot and injured Plaintiff Krish Singh during a law-enforcement encounter. Defendants brought a partial Daubert motion seeking to preclude certain portions of the intended testimony of Plaintiff’s use-of-force expert, Roger Clark. Law Enforcement Expert Witness…
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Corrections Expert Barred from Testifying on Nurse’s Medical Decisions
Johnathan Maskiell and John Daulton were placed together in a small “isolation” cell. Maskiell stomped and beat sixty-one-year-old Daulton into a coma. Daulton died from his injuries on May 21, 2023. Maskiell has since pled guilty to Daulton’s murder. The Plaintiff, Tonya Jones as Administratrix of John Daulton’s estate, filed suit against the Kenton County…
