Tag: Legal Conclusion
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Law Enforcement Expert’s Testimony on the Use of Pepper Spray Limited
Plaintiff LaBlanca Sibley’s excessive force claim against Officer Nicholas S. Riggall, arising from her arrest and detention, was based on Riggall’s use of pepper spray while she was seated in the patrol car. Sibley retained Mr. Jeronimo Rodriguez, an expert in law enforcement practices and use-of-force standards. Riggall moved to exclude Rodriguez’s opinions and testimony.…
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Employment Expert’s Testimony on the Work Environment Excluded
This case arises from an employment dispute involving Defendant Gannett Co., Inc., doing business as USA Today. Plaintiff Taylor Bailey, a former Gannett employee, asserted claims against Gannett for breach of contract and sex discrimination under Title VII. Bailey retained Chris S. Thrutchley provide expert opinions and testify regarding Plaintiff’s allegations and Defendant’s alleged conduct…
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Law And Legal Expert Was Barred From Opining on the Trust Agreement
The Plaintiff, Christopher Ayash, is a named beneficiary of the Patricia Louise Ayash Living Trust (“Trust”), created by his late mother (“Grantor”) in 2002. The Trust also named two of the Grantor’s other sons as beneficiaries. The Defendants, David Barnette and Karl Hamm, serve as Trustees. The Trustees are directed to divide and hold the…
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Actuarial Science Expert Was Allowed to Opine on the Resulting Damage
This action arises from a dispute about the payment of service fees by Bulldog National Risk Retention Group (“Bulldog”) to Plaintiff GB Group. Specifically, the dispute centers on a Service Agreement between GB Group and Bulldog, as well as an Addendum thereto entered into in July 2018 and August 2020. To begin with, GB Group…
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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…
