Tag: methodology
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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…
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Accident Reconstruction Expert’s Testimony About the Lid Locking Mechanism Admitted
This is a product liability case involving a Breville BPR600XL pressure cooker (the “Pressure Cooker”). Plaintiff, Hannah Frazier, claimed that suffered permanent injuries to her abdomen when the Pressure Cooker exploded, spraying super-heated liquid and steam across her body. The Plaintiff retained Jeffrey D. Hyatt of Specialized Testing & Forensic Laboratory to inspect and test…
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Economics Expert’s Testimony on Anti-Discounting Policies Admitted
Plaintiffs sued Amazon.com, Inc., claiming that the company violated the Sherman Act. They contended that Amazon denied customers the “benefits of lower prices and fees” that would arise in a competitive market; and they said Amazon did so by imposing on third-party sellers “Most Favored Nation” policies that cause customers to pay supra-competitive prices. Plaintiffs’ economics…
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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…
