Tag: methodology
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Safety Expert’s Testimony on Obscure Construction Safety Standards Admitted
In this commercial property damage insurance case, Plaintiff Prairie Walk Condominium Association sought to recover millions of dollars in benefits to repair damage to approximately fifteen buildings at its condominium complex resulting from a July 16, 2018, hailstorm, as well as treble damages for alleged unreasonable delay/denial of insurance benefits. Plaintiff disclosed as a retained…
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Aviation Safety Expert’s Opinion on Organizational Culture Excluded
This case stemmed from an incident that occurred at Oslo Gardermoen Airport on August 23, 2019. Plaintiff Susan Hardy had flown with United Airlines from New Orleans to New Jersey. From there, she boarded a connecting flight to Oslo, Norway, operated by Defendant Scandinavian Airlines System. According to her claims, she fell while disembarking in…
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Economic Damages Expert’s Customer-by-Customer Lost Profits Method Upheld
Sonrai specialized in data tools for waste collection companies. Heil, a well-known manufacturer of garbage trucks—referred to in the industry as refuse collection vehicles (RCVs)—entered into a written agreement with Sonrai in July 2014. The purpose was to facilitate the exchange of confidential information and explore a potential partnership, where Sonrai’s data product, “Vector,” could…
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Engineering Expert’s Use of Manual J Fails Daubert Reliability Test
Plaintiff Sheheryar Ahmad sued Defendant Spinnaker Insurance Co., his insurer, for breach of contract based on Defendant’s refusal to cover damages caused by frozen and burst pipes in Ahmad’s home. The Plaintiff argued that although the insurance policy excluded coverage for damage caused by frozen pipes, his claim qualified for an exception to that exclusion…
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Risk Management Expert’s Conclusions about IBM’s Internal Capabilities Excluded
Plaintiff Gerald Hayden brought claims against Defendants International Business Machines Corporation (“IBM”), Pablo Suarez, and Shanker Ramamurthy, under the federal Defend Trade Secrets Act (“DTSA”) and for violating New York’s prohibition on the misappropriation of trade secrets. Prior to joining IBM in 2015, Plaintiff developed a “methodology to construct an architecture for a digital platform,”…
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Biomechanics Expert’s Subjective Assurances do not Establish Admissibility
This case arises from a January 2023 automobile accident. On April 16, 2023, Plaintiff Gina Martin was driving eastbound on Interstate I-10, nearing the Chef Menteur exit in New Orleans, Louisiana, when Defendant Micah Cunningham crashed his truck into the rear of Martin’s vehicle. Martin alleged that she suffered various severe injuries as a result…
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Lost Wages Expert’s Commission Calculations Admitted
Jenessa Dubey was employed by Concentric Healthcare Solutions, LLC from August 2016 until her termination on December 2, 2021. She has filed a lawsuit against Concentric and Robert Bales, alleging sex-based discrimination, sexual harassment, and unpaid wages. The case focuses on Dubey’s claims that, over several years, Bales engaged in conduct that created a hostile…
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Accounting Expert’s Price Erosion Damages Opinion Admitted
Plaintiffs Syntel Sterling Best Shores Mauritius Limited, and Syntel, Inc., (collectively, “Syntel”) initiated this action against The TriZetto Group, Inc. (“TriZetto”) and Cognizant Technology Solutions Corp. (“Cognizant,” and, collectively, “Defendants”), alleging breach of contract, intentional interference with contractual relations, and misappropriation of confidential information. Syntel filed a motion to exclude the price erosion damages opinion…
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Land Valuation Expert’s Opinions About the Current Market Value of the Properties Admitted
Plaintiffs sought the partition and sale of a Boynton Beach property, a Miami property, and a West Palm Beach property (the “Properties”). The Defendants sought to exclude the opinions, analysis, and testimony of Lara Swanson, an expert witness retained by Plaintiffs to provide an opinion of current market value for the properties at issue in…
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Real Estate Expert’s Opinion on the Market Value of the Miami Property Admitted
Plaintiffs sought the partition and sale of a Boynton Beach property, a Miami property, and a West Palm Beach property (the “Properties”). The Defendants sought to exclude the opinions, analysis, and testimony of George Smith, an expert witness retained by Plaintiffs to provide a Broker Opinion of Value with an opinion of market value for…
