Tag: methodology
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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…
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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…
