Tag: methodology
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Radiology Expert’s Appropriateness of Treatment Opinions Admitted
Plaintiff Sabrina Solomon was involved in a motor vehicle accident (“MVA”) in April 2021 that left her with “a permanent injury to the body as a whole” leading to this underinsured motorist benefits and loss of consortium case. One of Defendant’s expert witnesses, Dr. Richard A. Ofstein, emphasized that Plaintiff Sabrina Solomon’s brain imaging was…
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Insurance Expert’s Testimony on Legal Obligations Excluded
Plaintiff The Lucia Family Trust (“Plaintiff” or the “Trust”) and non-party Daniel Unrein had a homeowners insurance policy (the “Policy”) with Defendant American Family Mutual Insurance Company, S.I. (“Defendant” or “American Family”). The policy covered a property located in Denver, Colorado (the “Property”). A fire occurred at the property in September 2021, and Unrein submitted…
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Compliance Expert’s Testimony on the Marketability of the Olivetol Excluded
Noramco and Dishman entered into a contract (“the Supply Agreement”) under which Dishman agreed to provide Noramco with a large amount of olivetol, an ingredient used in the manufacture of pharmaceutical products. The Supply Agreement required Dishman to supply Noramco with olivetol manufactured at Dishman’s facilities in India. The Agreement represented that those facilities were “c-GMP…
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Law Enforcement Expert’s Testimony on the Officers’ Tactics Admitted
Plaintiffs Michael Gomez (“Gomez”), Joseph Lowe (“Lowe”), Ian Joi, and Alejandro Baez and Josephine Cartagena, as co-representatives of the Estate of Jayden Baez (“Baez”) (collectively, “Plaintiffs”) filed an Amended Complaint against Defendants Scott Koffinas (“Koffinas”), Ramy Yacoub (“Yacoub”), and Chris A. Blackmon (collectively, “Defendants”). Plaintiffs alleged that Defendants Koffinas and Yacoub—members of the Osceola County…
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Product Development Expert Was Not Allowed to Opine that the Fan is Not Defective
Allstate insured L&J Home Improvements, LLC (“L&J”), which was owned and operated by Julie and Luis Hernandez. In or around 2003, L&J purchased a two-story, wood frame residence built in 1888 that is located at 231 N. Walnut St. in Colorado Springs, Colorado (the “residence”). After the purchase, L&J performed a remodel on the residence in or…
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Hotel Security Expert Was Not Allowed to Opine on the Adequacy of Training
Jane Doe K.R. sued Defendants, Choice Hotels, Choice Hotels International, Inc., and Choice Hotels International Services Corp. under the Trafficking Victims Protection Reauthorization Act (TVPRA). Plaintiff alleged that between March and May 2013, she was the victim of sex trafficking at an Orlando, Florida hotel owned and operated by WHG, a franchisee of the Choice…
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Civil Engineering Expert Was Not Allowed to Opine on the Collapse of the Retaining Wall
This matter arises out of the collapse of a retaining wall at the home of Plaintiffs Pranav Mishra and Mamta Mishra. The Mishras sued Defendant State Farm Fire and Casualty Company for breach of contract and bad faith failure to pay their resulting insurance claim. State Farm filed a motion to exclude the testimony of…
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Accounting Expert’s Testimony on Overhead Costs Excluded
This case arises from a contract between The Bama Companies, Inc., a manufacturer of baked goods, and Stahlbush Island Farms, Inc., a farmer and food processor, for the purchase of approximately 130,710 pounds of berries for a mixed berry and lemon cream pie Bama would supply for McDonald’s restaurants. Bama claimed that it was forced…
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Orthopedic Surgery Expert’s Testimony on Knee Injury Admitted
Plaintiff Maria Marano slipped and fell while at a Sam’s Club store. She subsequently filed a negligence lawsuit against Defendant Sam’s East, Inc., alleging that she sustained a meniscal tear in her knee as a result of the fall. Defendant disputes whether there is a causal connection between the fall and injury. Marano offered Dr.…
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Expert’s General Opinions on Human Trafficking Excluded
Jane Doe K.R. sued Defendants, Choice Hotels, Choice Hotels International, Inc., and Choice Hotels International Services Corp. under the Trafficking Victims Protection Reauthorization Act (TVPRA). Plaintiff alleged that between March and May 2013, she was the victim of sex trafficking at an Orlando, Florida hotel owned and operated by WHG, a franchisee of the Choice…
