Tag: Legal Conclusion
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Law Enforcement Expert Allowed to Opine on Penological Practices
This case arises out of excessive force and retaliation that Plaintiff allegedlysuffered while incarcerated at Dixon Correctional Institute. Plaintiff requested the Court to exclude the testimony of Kerry Najolia, Defendants’ expert on “police practice, procedure, training, officer survival/defensive tactics, officer use of force and police canines.” Law Enforcement Expert Witness Kerry J. Najolia has 42…
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Law Enforcement Expert Not Allowed to Opine on Excessive Force
Following a traffic stop, Plaintiff Emily Sizemore was arrested and tased several times by a City of Montgomery police officer. Sizemore asserted claims for excessive force, assault and battery, and negligence against the arresting police officer Richard Dorman. Defendant Dorman filed a motion seeking to exclude Sizemore’s proposed expert witness, Nathaniel Allen. Law Enforcement Expert…
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Environmental Expert Was Allowed to Opine on the Impact of PCBs
The Burlington School District (“BSD” or “Plaintiff”) commenced this action after discovering polychlorinated biphenyls (“PCBs”) at Burlington High School (“BHS”). Defendants Monsanto Co., Solutia, Inc., and Pharmacia LLC (collectively “Monsanto” or “Defendants”) are allegedly successors to the old Monsanto company, which was the primary manufacturer of PCBs in the United States for several decades. BHS…
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Crisis Management Expert Allowed to Opine on Corporate Behavior
In this certified class action, the Plaintiffs-Christopher Degroot, Steven Showalter, and all others similarly situated-alleged that their former employer violated the federal Worker Adjustment and Retraining Notification Act (“WARN Act”) and the Nebraska Wage Payment and Collection Act (“NWPCA”) when it terminated them without notice and without paying accrued but unused paid time off. The…
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Insurance Expert Not Allowed to Opine on Legal Duties
Plaintiff Lorenzo Garcia alleged that he was lawfully stopped at a red light when the vehicle Kenneth Childress was driving collided with the vehicle Pasty Ration was driving, causing Ms. Ration’s vehicle to strike the rear of Garcias vehicle. Garcia further alleged that as a result of the accident he sustained permanent, disabling injuries requiring…
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Insurance Expert’s Legal Opinions Excluded
On August 27, 2020, Hurricane Laura made landfall in Southwest Louisiana. In the original complaint, The Pentecostal Church of DeQuincy (“TPCD”) alleged that it sustained damage from the hurricane and that Church Mutual underestimated the cost of repairs. The five (5) buildings considered “Covered Property” at issue in this litigation are identified as: (1) the…
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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…
