Tag: methodology
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Psychology Expert’s Opinion on the Harm Resulting from the Alleged Misconduct Admitted
This is a pro se prisoner action brought by Plaintiff William A. White relating to White’s detention at the John E. Polk Correctional Facility, in Sanford, Florida, between May and December 2014. Plaintiff’s claims arise out of his placement in the isolation unit due to information received from the U.S. Marshals that White was a…
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Law And Legal Expert’s Speculative Calculations of Future Earnings Excluded
Drew Dixon alleged that the Defendant, Antonio Marquis “L.A.” Reid sexually harassed her and refused to allow her to succeed unless she acquiesced to his demand to be alone and in close proximity to her while she was employed as an A&R executive at Arista Records from 1996 to 2002. Dixon claimed that Antonio Reid sexually…
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Transportation Safety Expert’s Testimony on Compliance with Federal Safety Regulations Admitted
This case concerns a motor vehicle collision that occurred between Plaintiff Bryan Russell Arnett (“Plaintiff”) and Defendant Larry Tyrone Fairell, II (“Fairell”) on December 14, 2022. Fairell filed a motion to partially strike the testimony of Arnett’s retained transportation safety expert, David Hedgpeth. Transportation Safety Expert Witness David Hedgpeth is the principal owner of Hill…
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Expert Testimony on Legitimate Marketing Practices Admitted
The Federal Trade Commission contended that Amazon tricked, coerced, and manipulated consumers into subscribing to Amazon Prime. According to the FTC, this was accomplished by failing to disclose the material terms of the subscription clearly and conspicuously and by failing to obtain the consumers’ informed consent before enrolling them. The FTC also alleged that Amazon…
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Engineering Expert’s Testimony on Metal Roofing Degradation Admitted
This case is a breach of good faith and fair dealing and breach of contract due to Defendant CSAA General Insurance Company denying Plaintiff George Richardson’s roof damage claim that occurred on September 23, 2023. Defendant filed a Daubert motion to exclude the testimony of Plaintiff’s expert witness, Michael Pruitt. Engineering Expert Witness Michael Pruitt,…
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Relying on Personal Intuition Is Not a Valid Methodology for an Entertainment Industry Expert
This copyright infringement action concerns two musical works: Plaintiff, Rene Lorente Garcia’s 1998 song Algo Diferente (“AD”), and the 2021 track Don’t Be Shy (“DBS”), performed by Tijs Michiel Verwest (“Tiësto”) and Carolina Giraldo-Navarro (“Karol G”). Plaintiff brought two claims: direct infringement against Karol G and Tiësto (“Count I”); and contributory and vicarious infringement against Atlantic Recording Corporation (“Atlantic”),…
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Marketing Expert’s Use of the Market Approach Methodology Affirmed
Plaintiff FireBlok IP Holdings LLC (“FireBlok”) sued Defendants Hilti, Inc. (“Hilti”) and RectorSeal LLC (“RectorSeal”) (together, “Defendants”) and asserted two separate causes of action under the Lanham Act, False Advertising and False Association, based upon Defendants’ use of the UL Certification mark and FM Approval mark on Hilti’s Firestop Box Insert. The Firestop Insert is…
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Fire Investigation Expert’s Testimony About a Missing Orifice Admitted
On January 21, 2021, a fire destroyed Jacqueline Flynn’s home located at 7618 Craig Court in Orlando, Florida. The Plaintiff purchased a Thermacell Patio Shield on the day of the fire. Since the Patio Shield was the only energized device in use on the balcony at the time of the fire, the Plaintiff filed her…
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Fire Investigation Expert’s Opinion on Damage to the Residence Admitted
On January 21, 2021, a fire destroyed Jacqueline Flynn’s home located at 7618 Craig Court in Orlando, Florida. The Plaintiff purchased a Thermacell Patio Shield on the day of the fire. Since the Patio Shield was the only energized device in use on the balcony at the time of the fire, the Plaintiff filed her…
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Court Limits Testimony of Non-Retained Expert in BNSF Workplace Injury Case
In November 2022, while working as a BNSF intermodal equipment operator, Taylor A. Campbell fell several feet from a railcar ledge while attempting to lock a stuck inter-box connector (IBC). No one witnessed the incident. Campbell blamed the fall on BNSF’s failure to ensure a safe working environment. Fred Reinke, a BNSF manager, had developed…
