Tag: Legal Conclusion
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Expert’s Legal Conclusions Advocating for Class Certification Excluded
This putative class action was initiated by Plaintiffs, a group of individuals who are leaseholders of oil and gas leases, against Defendant XTO Energy Inc (“XTO”) alleging that XTO breached their leases when it deducted unreasonable and excessive post-production costs from their royalty payments. Therefore, XTO filed a motion to exclude certain opinions of Plaintiffs’…
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Construction Expert Not Allowed to Opine on Legal Issues Regarding Contract Formation
This is a consolidated case involving alleged improprieties in the payment and performance of certain equipment fabrication and associated work on two beef processing projects. Plaintiff asserted the following causes of action against its former employee, Michael Chapple, in relation to such work: (1) tortious interference with business expectancy; (2) tortious interference with contract; (3)…
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Banking Expert’s Opinions Regarding the Card Processing Industry Admitted
This action is about holding Chargebacks911 (“CB911”), its CEO (Monica Eaton) and its former CEO (Gary Cardone) accountable for their roles in keeping a massive online Keto diet pill scam (the “Keto Racket”) profitable, viable, and undetected while it victimized Plaintiffs and tens of thousands of other consumers across the country. Defendants filed a motion…
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Experts’ Opinions Interpreting the PPP Regulations Were Excluded
As the COVID-19 pandemic took hold in early 2020, Congress established the Paycheck Protection Program (PPP). Several businesses applied for and received PPP loan approval from Prestamos CDFI, LLC (Prestamos). However, due to individual bank-related issues, the loan funds were returned to Prestamos, leaving the businesses without the promised financial assistance. Consequently, these businesses initiated…
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Neurology Expert’s Opinions on Medical Causation Are Not Outside the Scope of His Expertise
This civil rights action stems from the in-custody death of Kimberley Morrissey-Scalia while a pretrial detainee in Lerdo Pre-Trial Facility in Kern County. Plaintiffs filed a motion to preclude Defendants’ expert, Michael E. Gold, M.D., “from: (1) testifying to any opinions on medical causation that are outside the scope of his expertise; and (2) testifying…
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Drug Enforcement Expert’s Testimony About the Firearm’s Purpose Admitted
Initially, based on information received from a confidential informant (CI), who indicated that Norvell Harris lived with Swanda Collins at 4469 Lake Fairway Drive in Lake Charles and stored a large amount of marijuana in nearby storage unit AA15, the Calcasieu Parish Sheriff’s Office (CPSO) initiated an investigation. Following this, detectives then conducted surveillance, observing Harris…
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Law And Legal Expert Was Not Allowed to Testify Regarding State Law Ethical Standards
Plaintiff Kuantay Reeder filed a civil rights lawsuit against Jason Williams, the Orleans Parish District Attorney, in his official capacity. Reeder had spent more than 26 years in prison following a wrongful conviction for murder. He claimed the Orleans Parish District Attorney’s Office (OPDA) violated his right to due process by failing to disclose exculpatory…
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Law Enforcement Expert’s Opinion on Actual Events and Police Tactics Admitted
Plaintiff Gene Raymond Bell, Jr. claimed that Defendant Officers Anthonie Korkis, Arthur Bridgeforth, and Thomas Langewicz, II used excessive force while arresting him during a traffic stop on June 23, 2019 in Southfield, Michigan. Plaintiff’s second motion in limine requested the Court to exclude or limit the testimony of Dr. Steven Amey, whom Defendants intended…
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Credit Reporting Expert May Not Opine as to Whether the Procedures were Reasonable or Unreasonable
Plaintiff Barbara Cooper alleged that Defendant Milliman, Inc. (“Milliman”) violated the Fair Credit Reporting Act in two ways: first, whenit issued a report about her medical and prescription history that mixed her with another individual; and second, when it issued a second report wherein Milliman reinserted information it had previously deleted after purportedly reinvestigating Plaintiff’s…
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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…
