Tag: methodology
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Biomedical Engineering Expert’s Testimony on Product Warnings Admitted
Connie Thacker is one of tens of thousands of individuals who have filed suit against Ethicon for injuries after treatment with Ethicon’s pelvic mesh devices. Defendants filed a motion to exclude or limit certain opinions and testimony of Plaintiff Thacker’s expert, Anne H. Wilson, MBA. Biomedical Engineering Expert Witness Anne Holland Wilson is a biomedical…
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Court Upheld the Actuarial Expert’s Methodology for Calculating Damages
Plaintiffs Timothy Scott, Patricia Gilchrist, Karen Fisher, Helen Maldonado-Valtierra, Dan Koval, Judy D. Duff, John Griffin, Kenneth Rhodes, Judy Dougherty, John Kelly, Richard Walshon, Jennifer Fryer, and Vince Carabba alleged that Defendants AT&T Inc., the AT&T Defined Benefit Plan, and AT&T Services, Inc. (collectively AT&T) have violated the Employee Retirement Income Security Act of 1974…
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Expert Testimony on Future Economic Losses Did Not Rely on Improper Assumptions
This case concerns a maritime personal injury sustained by a Mexican citizen, who was legally working in the United States on a seasonal H-2B visa. To assess damages, Espinoza hired AsherMeyers, LLC, a dispute advisory and forensic accounting firm, to calculate his economic losses, which include his future loss of earning capacity, fringe benefits, and…
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Economic Expert’s Opinions on Property Valuation Admitted in Cook County Tax Sale Case
Cook County ran an annual property tax sale targeting homeowners behind on property taxes. When taxes went unpaid, the County obtained court orders to sell tax liens on delinquent properties. Private tax buyers then paid the outstanding taxes in exchange for collecting repayment, plus interest, from property owners. If the owners didn’t repay within about…
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Marketing Expert’s Post-Sale Confusion Survey is Admissible
Think Green Limited (“Think Green”) has taken Medela AG and Medela LLC (“Medela”) to Court, accusing them of infringing on the trade dress rights it holds in its breast pump and misleading consumers through false advertising. Rhonda J. Harper, a Think Green expert witness in areas involving marketing, branding, and consumer research, used various analytical…
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Oil and Gas Industry Expert is Qualified Despite Her Lack of Forensic Accounting Credentials
Louisiana Minerals, Ltd., as lessor, and Weyerhaeuser, as lessee, are the successors in interest to a 1986 Timber Sale and Lease Contract (“Contract”). LML asserted that Weyerhaeuser has entered into a significant number of unauthorized third-party agreements that impinge upon or adversely affect LML’s rights under the Contract. Damages were sought for harm caused by…
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Digital Forensics Expert’s Analysis of Website Activity Considered Relevant
This is a copyright infringement action filed by CoStar Group, Inc. and CoStar Realty Information, Inc. (collectively, “CoStar”) in September 2020 against Commercial Real Estate Exchange Inc (“CREXi”). CoStar is a company that provides commercial real estate (“CRE”) information, analytics, and online property listing marketplaces. It owns and operates LoopNet.com, a digital marketplace platform for…
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Accounting Expert’s Testimony on Alter Ego Issues Limited
The Plaintiffs had purchased timeshares at the Westgate Smoky Mountain Resort. They alleged that the Defendants, comprising various entities linked to the resort, operated a high-pressure sales scheme. According to the Plaintiffs, this scheme persuaded prospective buyers to invest in the vacation timeshare program without properly disclosing critical and legally mandated information. On March 13,…
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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…