Tag: Legal Conclusion
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Electrical Engineering Expert Witness’ Testimony Admitted Despite Lack of Independent Testing
Raytheon Company (“Raytheon” or “Plaintiff”) is a large, international military and defense contractor holding several prime contracts with the United States Government. At their Fairdale location Raytheon maintains, stores, and services multiple mobile charging stations and storage locations for lithium-ion battery boxes (“LBBs”). The LBB’s were designed and manufactured by Saft but owned by the…
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Law Enforcement Expert Witness is Qualified to Opine On Tactics and Uses of Force Employed by the Police
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 Officer Aaron Green. Officer Green, and the…
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Intellectual Property Expert Witness’ Testimony About Trademark Custom and Usage Admitted
This is a trademark infringement case involving the trademarked phrase “Freedom Pop”. Plaintiff Proccor Pharmaceuticals, Inc. (“Proccor”) contended that Defendant GAT Sports infringed upon its alleged trademark for a “Freedom Pop” flavored Pre-Rx pre-workout supplement. GAT Sports essentially argued that the phrase was used in a non-trademark, descriptive, way to describe the flavor of its…
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Pulmonary Disease Expert Witness’ Opinions on the Reliability of the DOH Investigations are Barred
Plaintiff Lori LaRock filed a medical malpractice and negligence against Albany County Nursing Home (“ACNH”), the County of Albany, Larry Slatky, Debbie Gossman, Rhonda Lyga, and John and Jane Does #1-5 (collectively “Defendants”). Plaintiff asserted that she and her family often found Sanford unfed, unbathed, ungroomed, and covered in his own urine and vomit. On…
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Insurance Expert Witness’ Testimony Limited Because it Consists of the Interpretation of Policy Language
Plaintiff American Empire Surplus Lines Insurance Company (“AESLIC” or “Plaintiff”) issued to J.R. a commercial excess liability insurance policy, which included a premium charge to be computed as a percentage of J.R.’s gross receipts during the policy period. Plaintiff assigned an advanced premium to the Policy based on J.R.’s estimate of its gross receipts during the…
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Psychiatry Expert Witness’ Interpretation of the Diagnostic Criteria for PTSD Deemed Unreliable
Sarah Budd alleged that SkyWest (Defendant) discriminated against Budd by subjecting her to a sexually hostile work environment during her employment at SkyWest’s Dallas-Fort Worth International Airport facility and retaliating against her for reporting the harassment. Budd claimed that SkyWest placed her on indefinite administrative leave as retaliation. In response, the Equal Employment Opportunity Commission…
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Law & Legal Expert Witness’ Testimony on Insurance Claims Handling Practices Admitted
Plaintiff Debra O’Neal filed a lawsuit against Defendant State Farm Fire and Casualty Company (“State Farm”) under the Washington Insurance Fair Conduct Act (“IFCA”) for its handling and denial of her claim for coverage of personal property allegedly stolen from a storage facility. In response, State Farm moved to exclude O’Neal’s insurance expert witness, Robert…
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Legal Conclusions Do Not Necessitate the Wholesale Exclusion of Insurance Expert Witness’ Testimony
Plaintiff Ashley Fawcett was in a car accident in 2017, while she was covered by an insurance policy issued by Defendant Standard Fire Insurance Company (doing business as Travelers Insurance Company (“Travelers”)). Fawcett opened claims with Travelers, and alleged in this lawsuit that Travelers unreasonably investigated and evaluated her claim for underinsured motorist (“UIM”) benefits.…
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Law Enforcement Expert Witness’ Conclusions Regarding Control Excluded
In the early hours of September 24, 2021, Cedric Lofton was arrested for allegedly battering officers of the Wichita Police Department. WPD determined that, due to his arrest, Lofton needed to be taken into custody. Because Lofton was still a juvenile, he was transported to the Sedgwick County Juvenile Intake and Assessment Center (“JIAC”) for…
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Retirement Plan Expert Witness’ State of Mind Opinions Excluded
In 2016, Defendants Signode Industrial Group, LLC, and Illinois Tool Works, Inc. unlawfully terminated promised healthcare benefits for Plaintiffs, a class of retirees and their dependents. On March 26, 2019, this Court enjoined Defendants to reinstate Plaintiffs’ healthcare benefits that were in effect before January 1, 2016. Defendants implemented a new healthcare benefits plan effective…
