Tag: Legal Conclusion
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Law Enforcement Expert Was Not Allowed to Opine on the Officers’ Intent
This case arises from officers’ alleged excessive use of force during an investigation of a 911 call regarding Plaintiff Henry Barnhill (“Barnhill”). Defendants City of Hemet, Brett Maynard, Joshua Bishop, Pedro Aguila, Douglas Klinzing, Jamie Gonzalez, and Catherine Tipton (collectively, “Defendants”) filed two motions (1) to exclude certain opinion and testimony of expert Dr. Ryan…
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Law Enforcement Expert Allowed to Opine on Taser Use
Plaintiff Angelo Black brought this civil rights and state tort damages action in October 2023 against former Gwinnett County Police Officer, Chase Weber. Black was seriously injured during the course of a police foot chase that occurred in October 2021. The foot chase ultimately ended with Officer Weber deploying a taser to immobilize Black, resulting…
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Tax Expert Was Not Allowed to Opine on the Legal Effect of a Contract
Plaintiff Nilesh Shah accepted a position as Vice President of International Sales & Service in 2019 and was assigned to live and work in Singapore for Defendants. His employment terms were set forth in a letter of employment signed March 8, 2019, and later amended by a promotional offer, which was signed on May 4,…
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Accident Reconstruction Expert Not Allowed to Opine on Statutory Violation
On July 13, 2021, Mark DeLeon lost his left arm in a horrendous accident while working the overnight shift at Norfolk Southern’s Burns Harbor Trainyard. This case arises out of that tragic event. DeLeon sued Norfolk Southern under the Federal Employer’s Liability Act seeking recovery for his injuries. He has two theories under FELA: one…
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Security Expert’s Legal Conclusions Excluded
This case arises from the shooting death of John Fuller, (the “Decedent”), and wounding of DaJohn Foster at the Winbranch Apartment Complex (the “Property”). Plaintiffs assert a premises liability claim based on Defendants’ alleged failure to take adequate steps to protect them from violent crimes committed by third parties not resident at the Property. Defendant…
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Flood Expert Was Not Allowed to Opine on the Foreseeability of the Flood
Defendants—Sanford, Sanford Health, and the Evangelical Lutheran Good Samaritan Society—allegedly owned or operated the Good Samaritan Kissimmee Village (Good Samaritan), a senior-living complex located near Kissimmee, Florida. In 2017, Good Samaritan sustained then-unprecedented flood damage from Hurricane Irma that was purportedly exacerbated by a critical failure of the property’s waste-water treatment facility, resulting in contamination…
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Correctional Healthcare Expert Not Allowed to Opine on Physical Symptoms
This action arises from the death of Gregory Neil Davis while he was incarcerated as a pretrial detainee at the Oklahoma County Detention Center. Plaintiff, as special administrator of the estate of Davis, alleged that numerous Jail and Medical Defendants acted with deliberate indifference to Davis’ serious medical needs in violation of the Fourteenth Amendment…
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Accounting Expert Was Not Allowed to Opine on Damages to Uninsureds
This case centers on a landslide that occurred in May 2017 in the Cincinnati neighborhood of Mount Adams. At the time of the landslide, Plaintiff Metropolitan Design & Development, LLC (“MDD”) was insured under a commercial liability policy with Defendant Frankenmuth Mutual Insurance Company (“Frankenmuth”). MDD performed construction work in the vicinity of the landslide…
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Neurology Expert’s Legal Theories Excluded
J. M. was diagnosed with epilepsy in sixth grade. His condition was treated with multiple medications, but he continued to have breakthrough seizures. Sam’s Law (HB 684) requires all Texas public school personnel to be trained in the recognition of seizures and providing seizure first aid. On August 24, 2022, J. M. had a seizure…
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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…
