Tag: Legal Conclusion
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General Surgery Expert Was Barred From Using the Precise Legal Phrase “Deliberately Indifferent”
Dezmen McBride was booked into custody at the W.C. “Dub” Brassell Detention Center on May 21, 2021. McBride died 15 days later on June 5, 2021, at the age of 18 years old. Deborah McBride commenced this action alleging that County Defendants and Separate Defendant Lieutenant Samuel Baker, Jr., in his individual capacity: were deliberately…
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Law Enforcement Expert May Provide Testimony about the National and SLMPD Standards for the Use of Pepper Spray
Rev. Darryl Gray is suing the City of St. Louis and two St. Louis Metropolitan Police Department (SLMPD) detectives—Ronald Vaughan and Larry Wentzel—for violating his First and Fourth Amendment rights, as well as a variety of state law torts. To support his constitutional claims, Rev. Gray hired Greg Meyer to give his expert opinion on…
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Intellectual Property Expert’s Opinions may Assist the Jury’s Statutory Damages Determination
Plaintiffs manufacture, market, and sell premium, luxury, and sports eyewear products, including Ray-Ban, Oakley, and Costa. Plaintiffs own several trademarks for these various brands in the United States. Defendants own and operate the Beach Blvd. Flea Market (the “Flea Market”), in Jacksonville. This is a contributory trademark infringement case involving the repeated display and sale…
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Pricing Expert Witnesses Are Qualified to Opine on the Grading Card Industry
This case arises out of an alleged misrepresentation about whether a 2009 Steph Curry trading card (the “Curry Card”) was physically altered at the time Beckett examined and graded the card. Alt claims that Beckett negligently misrepresented the status of the card by assigning it a grade that did not reflect the alteration. Alt retained…
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Law Enforcement Expert Witness Cannot Opine on the Duties of Railway Police Officers in Idaho
On February 28, 2022, Adam Bennett stole a ride on a BNSF railcar in Kootenai County. BNSF Special Agent Daniel Mattson intercepted him and was informed by police dispatch—erroneously—that he had a warrant for his arrest in Washington but not Idaho. Based on this information, and COVID procedures governing misdemeanor arrests, Agent Mattson released Bennett…
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Pain Management Expert Witness Overstepped by Offering Opinions on Fraud
In a civil RICO lawsuit, Plaintiff Allstate Insurance and its affiliates sued Defendants Dr. Ayman Tarabishy and his medical clinic, Ayman Tarabishy, M.D., PLLC, (doing business as Enhance Center). Allstate alleged that the Defendants orchestrated a racketeering scheme to exploit Michigan’s no-fault insurance law by generating and submitting fraudulent medical bills for reimbursement. Allstate retained…
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Law And Legal Expert Witness Improperly Speculates about the Defendant’s Motivation
This is an insurance bad faith case stemming from Westfield’s handling of a first-party property insurance claim following a fire. Plaintiffs JME Investments, LLC (“JME”) and Hiway Bar, LLC (“Hiway Bar”) (together, “Plaintiffs”) filed claims after a kitchen fire damaged their property on July 12, 2020. The fire burned a building owned by JME. Constructed…
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Maritime Safety Expert Witness’ Opinion on Unseaworthiness Excluded
Plaintiff Brandeon Alexander (“Alexander”), a deckhand employed by Defendant Intracoastal Tug and Barge Company, LLC (“Intracoastal”), sustained serious injuries while working aboard the M/V California Chrome. As Alexander was reaching for a line on a piling, Alexander’s arm was crushed between the barge and the piling. Captain Paul Smith (“Captain Smith”) was operating the barge,…
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Law & Legal Expert Witness’ Testimony Excluded Because it Does Not Require Complex Analysis of Certain Documents
Elevation placed two orders for, and Icon delivered two shipments of, iHealth COVID-19 Antigen Rapid Test Kits (“Test Kits”) to Elevation pursuant to those orders. Elevation paid Gypset for the first shipment but refused to pay Icon for the second. In March, Elevation’s counsel sent a letter purporting to reject both the first and second shipment—the…
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Law Enforcement Expert Witness’ Testimony on Officers’ Actions Excluded
The present lawsuit revolves around Plaintiff Van Aelsytn’s claims of civil rights violations and malicious prosecution against Defendants Coleman Sparks and Scott Carnes. Both Defendants were officers with the Versailles Police Department and were involved in an investigation that led to domestic violence charges against Van Aelsytn. However, the Plaintiff possessed evidence suggesting his innocence.…
