Tag: Legal Conclusion
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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…
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Expert’s Legal Conclusions Advocating for Class Certification Excluded
This putative class action was initiated by Plaintiffs, a group of individuals who are leaseholders of oil and gas leases, against Defendant XTO Energy Inc (“XTO”) alleging that XTO breached their leases when it deducted unreasonable and excessive post-production costs from their royalty payments. Therefore, XTO filed a motion to exclude certain opinions of Plaintiffs’…
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Construction Expert Not Allowed to Opine on Legal Issues Regarding Contract Formation
This is a consolidated case involving alleged improprieties in the payment and performance of certain equipment fabrication and associated work on two beef processing projects. Plaintiff asserted the following causes of action against its former employee, Michael Chapple, in relation to such work: (1) tortious interference with business expectancy; (2) tortious interference with contract; (3)…
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Banking Expert’s Opinions Regarding the Card Processing Industry Admitted
This action is about holding Chargebacks911 (“CB911”), its CEO (Monica Eaton) and its former CEO (Gary Cardone) accountable for their roles in keeping a massive online Keto diet pill scam (the “Keto Racket”) profitable, viable, and undetected while it victimized Plaintiffs and tens of thousands of other consumers across the country. Defendants filed a motion…
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Experts’ Opinions Interpreting the PPP Regulations Were Excluded
As the COVID-19 pandemic took hold in early 2020, Congress established the Paycheck Protection Program (PPP). Several businesses applied for and received PPP loan approval from Prestamos CDFI, LLC (Prestamos). However, due to individual bank-related issues, the loan funds were returned to Prestamos, leaving the businesses without the promised financial assistance. Consequently, these businesses initiated…
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Neurology Expert’s Opinions on Medical Causation Are Not Outside the Scope of His Expertise
This civil rights action stems from the in-custody death of Kimberley Morrissey-Scalia while a pretrial detainee in Lerdo Pre-Trial Facility in Kern County. Plaintiffs filed a motion to preclude Defendants’ expert, Michael E. Gold, M.D., “from: (1) testifying to any opinions on medical causation that are outside the scope of his expertise; and (2) testifying…
