Tag: Legal Conclusion
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Law Enforcement Expert Witness’ Testimony on Certain Customs and Practices Excluded
This civil rights action arises out of an October 23, 2020 traffic stop involving Plaintiff, Kary Jarvis and Daytona Beach Police Department officers Marville Tucker and James Mackenzie. As a result of the traffic stop, Plaintiff was injured and filed a complaint alleging false arrest. Defendants, City of Daytona Beach as well as Marville Tucker…
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Law Enforcement Expert Witness’ Testimony on the Police Officers’ Conduct Admitted
A district judge in Louisiana admitted a law enforcement expert’s testimony summarizing police procedures. Cortez alleged that on November 21, 2019, his wife had called 911 and requested that police be dispatched so she could leave their residence without incident because Cortez was in an agitated mood. Cortez averred that an altercation had ensued after…
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Sales Expert Witness’ Opinions Regarding Termination of a Distributorship Agreement Rejected
A district judge in Nevada held that a Sales Expert Witness’ opinions about the termination of a distributorship agreement were nothing more than common sense. Facts: Temsa primarily sought redress for Defendant TC Nevada, LLC’s (“TC Nevada’s”) unlawful use and possession of certain motorcoaches manufactured by Temsa. Temsa is a leading commercial vehicle manufacturer of motorcoaches, buses,…
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Product Defect Expert Witness’ Testimony Regarding Vehicle and Equipment Recalls Limited
Plaintiffs, Kevin and Vivian Hoog sought monetary damages following a fire, which they linked to a defective NDR 1292 gas absorption refrigerator (the “Refrigerator”) manufactured by Dometic. The Plaintiffs had the Refrigerator installed as original equipment in Plaintiffs’ 2007 RV, which Plaintiffs purchased from a private party around October 26, 2011. Dometic initiated recalls of select…
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Testimony of Maritime Expert Witness Helps the Court Determine Disputed Facts
On May 5, 2021, Timothy Shannon allegedly sustained personal injuries while he was a passenger aboard M/V MR LLOYD. The vessel traveled from a dock in Fourchon, Louisiana to a Talos Oil & Gas LLC production platform in the Gulf of Mexico. Rodi Marine, LLC owned and operated M/V MR. LLOYD while Talos was the…
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Mortgage Expert Witness’ Statements regarding TILA Rescission Held to Amount to a Legal Conclusion
This case involved claims under the federal Truth in Lending Act (“TILA”) regarding alleged errors in a loan arranged between Plaintiff and Defendant, as well as claims of slander of title, quiet title, and wrongful foreclosure. Beginning in 2006, Plaintiff owned residential property in Sandy, Utah (the “Property”). Defendant Veritas Funding, LLC is a mortgage…
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Intellectual Property Expert Witness’ Report Held to be a Treatise on Copyright Law in a Breach of Contract Case
In 1996, after almost a decade of searching, Intersal, Inc. (“Intersal”), a marine research and recovery company, discovered the storied Queen Anne’s Revenge (“QAR”), flagship of the notorious pirate Blackbeard, off the coast of North Carolina. The vessel reportedly sank near Beaufort Inlet in 1718, and it has been the stuff of legend since. Although…
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Law Enforcement Expert Witness Testimony Limited for Telling the Jury what Result to Reach
Plaintiff Kang, a former Savannah police officer, filed a lawsuit against Police Chief Roy Minter and the City of Savannah alleging he was wrongfully terminated. Kang alleges that his termination, which followed his involvement in a group complaint and filing his own complaint against Chief Minter, was based on racial discrimination and retaliation. He also…
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Court discredits Legal Conclusions rendered by the Foreign Law Expert Witness
In December 2020, Koninklijke Philips N.V. (“Philips”) initiated legal action against Defendants Telit IoT Solutions, Inc. and Telit Communications LTD (collectively “Telit”), asserting infringement of six Philips patents crucial to telecommunications standards regulated by the European Telecommunications Standards Institute (ETSI). ETSI, which stands for the European Telecommunications Standards Institute, is a “standards body dealing with…
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Court addresses Daubert challenges filed against both the Plaintiffs’ and Defendants’ expert witnesses amidst claims of premises liability and product liability
Valerie Koger, a Costco member, visited the Costco store in Fremont, California, on November 1, 2018, seeking dining chairs. While browsing, she encountered a Stakmore wooden folding chair displayed on an aisle. Upon sitting on it, the chair immediately collapsed, causing her to fall to the ground. The impact from the chair’s failure resulted in…
