Tag: Legal Conclusion
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Fire Investigation Expert Witness’ Legal Conclusions About the Parties’ Responsibilities under Contracts Excluded
On the evening of July 30, 2022, lightning struck WareHouse’s property at 121 Industrial Park Drive causing a fire at the warehouse. Shilla Industrial Co., Ltd. (“Plaintiff”) is a South Korean corporation that manufactures automobile parts and maintains suppliers in Mississippi and other southern states. Shilla alleges “approximately $5,000,000.00 worth of business property” was stored at…
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Corporate Law Expert Witness Improperly Opines on Defendant’s Mental State
Douglas Worman owns and operates Worman Forest Management, LLC (“WFM”), a limited liability company providing forestry services to various public and private entities. Worman’s spouse owned CRW Resources, LLC (“CRW”), another forestry services limited liability company. Worman was a signer on several of CRW’s bank accounts. In 2015, Worman entered into a factoring agreement with…
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Land Use Expert Witness’ Testimony Regarding General Land Use and Development Industry Standards Rejected
This federal diversity action arises out of a commercial lease agreement for a three-story building located at 2555 Park Boulevard in the City of Palo Alto, California (“City”). Plaintiff KJ-Park, LLC (“KJ-Park”) retained Erik Schoennauer, a land use consultant, to testify about land use entitlement and permitting procedures relating to the subject property. Defendants Match…
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Law And Legal Expert Witness’ Testimony as to the Existence of Probable Cause Excluded
In this action, the Frazier Parties alleged that the Eagle Air Parties lacked probable cause to sue them for defamation and other similar claims in an underlying lawsuit that concluded in 2020 (the “Underlying Action”). The Frazier Parties claimed that the Underlying Action damaged Sentinel’s existing or prospective client relationships, resulting in lost profits of…
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Mortgage Lending Expert Witness’ Testimony Regarding Deviation from HUD Standards Limited
On November 22, 2019, Plaintiffs Alfredo and Chelsie Dominguez (“collectively “Plaintiffs” or “Dominguez”) refinanced their manufactured home with Wallick & Volk, working with loan originator and W&V employee, Christina Bingham. In February 2020, W&V sold the loan and transferred servicing to The Money Source, Inc. (“TMS”). Nine months later in November 2020, Plaintiffs’ hazard insurance…
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Law Enforcement Expert Witness Deemed Qualified To Opine On Law Enforcement’s Reaction to High-Stress Situations
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. Plaintiff sought to exclude Defendants’ expert witness Dr. Richard Hough…
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Insurance Expert Witness’ Testimony About the Industry Norms and Customs of the Insurance Adjustment Process Admitted
This claim arises from 2B’s negligent handing of an auto insurance claim brought by Harold and Milagros Lacey against GoAuto insureds, Alisha and Kayranasia Hill resulting from a motor vehicle accident in Panama City Beach, FL on July 31, 2020 (the “Lacey Claim”). GoAuto is a Louisiana-based insurance company that writes policies in Louisiana, Texas,…
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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,…
