Tag: Legal Conclusion
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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.…
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Employment Law Expert Witness’ Opinion Regarding the Application of the MCA Exemption Excluded
Plaintiffs, currently or formerly employed by Defendants as lawn and landscape workers, bring this class and collective action under the Fair Labor Standards Act (“FLSA”) and state law, alleging that Defendants failed to pay overtime compensation for all hours worked in excess of 40 in a workweek. Defendants have retained Brian Farrington to provide an expert…
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Law Enforcement Expert Witness Prohibited From Testifying About the Existence of Probable Cause For Arrest
On February 26, 2024, the Defendant David Boruchowitz, a Deputy Sheriff with the Nye County Sheriff’s Office (NCSO), collaborated with Ken Johnson, a former Valley Electric Association (VEA) employee to arrest Angela Evans, the then-CEO of the Valley Electric Association (“VEA”), the entity responsible for providing power to residents of Nye County. Ken Johnson was…
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Law Enforcement Expert Witness Testimony on LAPD’s Compliance with Policies and Procedures Deemed Relevant
This matter involves an incident that occurred on May 29, 2020, while Plaintiff, David Zuniga was present during the George Floyd protests in Grand Park, Downtown Los Angeles. During this time, Zuniga and his experts contended that he was struck with a nonlethal projectile to his head by Defendant Officer Aaron Green. Officer Green, and…
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Structural Engineering Expert Witness’ Testimony Admitted Despite His Lack of Specific Experience in Designing Pools
This case involves claims raised by Plaintiffs Kyle and Annaleah Justice against Defendants Bestway USA and Rural King Holdings, Inc. under the Missouri Wrongful Death Statute. Plaintiffs’ claims arose from the drowning death of their minor daughter, E.M.J., in an above-ground pool on August 3, 2019. Plaintiffs raised five claims against Bestway USA: Count I…
