Tag: methodology
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Data Analysis Expert Witness’ Testimony Admitted Despite his Failure to Incorporate Extraneous Factors in his Analysis
Defendants, M&J Management Company, LLC, d/b/a The Sexton Companies own and operate multiple multi-family housing units in Indianapolis and St. Joseph County, Indiana. Defendants have an occupancy standard of two occupants per bedroom that applies to all floor plans, regardless of the age of the occupants. Plaintiff, Fair Housing Center of Indiana alleged that Defendants’ occupancy…
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Vocational Rehabilitation Expert Witness’ Testimony Admitted Because he used Data from Industry-Specific Sources
This is an action for Jones Act negligence, unseaworthiness and unpaid maintenance and cure brought by Eric Ward. On or about December 13, 2021, Ward joined the Yacht as the Electro Technical Officer as part of the Yacht’s engineering department in Miami Beach, Florida at a private residence. On night of December 23, 2021, the…
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Neurology and Pain Management Expert Witness’ Opinion Regarding Vascular issues Being a Potential Causal Factor Admitted
This maritime negligence case arose from an accident involving Joseph Sylvester that occurred on September 23, 2021. In 2021, Talos operated the South Marsh Island 130 (“SMI 130”) field, located in the Gulf of Mexico on the Outer Continental Shelf. Sylvester, employed as a crane mechanic by Gulf Crane Services, Inc. (“GCS”), was assigned to…
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Data Analytics Expert Witness’ Testimony Admitted despite his use of a More Conservative Methodology
This matter is a False Claims Act case wherein the Relators alleged that Defendant pharmacies submitted false or fraudulent claims to obtain federal funds from Government Healthcare Programs to which Defendants were not entitled. The Relators alleged this occurred through the electronic submission of inflated usual and customary charges to Government Healthcare Programs because Defendants…
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Technology Expert Witness’ Analysis of Call Detail Records Admitted
This case concerns Defendant’s alleged transmission of illegal robocalls. Plaintiff, Office of the Attorney General, State of Florida, Department ofLegal Affairs brought this action pursuant to the Telemarketing andConsumer Fraud and Abuse Prevention Act. Apparently, Smartbiz courtsrobocaller customers by allowing them to place a high volume of calls in quicksuccession, billing only for the duration…
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Arborist Expert Witnesses’ Opinions on Tree Removal Safety Admitted
On December 9, 2021, Plaintiff Darryl Everson was driving in Montz, Louisiana, when he claimed that Defendant David Rugg (“Rugg”) negligently felled a tree along the roadway. The Plaintiff contended that the tree landed on his car, causing injuries to his back and neck. Additionally, Plaintiff alleged that Rugg was employed by Defendant Romesberg Trucking…
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Pain Management Expert Witness’ Testimony About Billing for Medical Examinations Admitted
This matter involves the Plaintiff insurers’ claim that Defendants unlawfully billed for medically unnecessary and illusory services, misrepresented the nature and extent of the services, and operated in violation of various laws specific to the healthcare and/or insurance sector. According to the Plaintiff, Titan Defendants agreed to refer patients to the Stein Defendants in exchange…
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Neuropsychology Expert Witness’ Opinion on Future Care Excluded
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for…
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Consumer Product Safety Expert Witness’ Testimony About the Availability of Pop-up Warning Technology Excluded
On June 20, 2015 at approximately 1:00 am, Thomas Power was using the Elitebook while at a 24-hour gym with the computer balanced directly on his lap. After using the computer for approximately 20-60 minutes, the laptop exploded into flame, burning Power’s legs. He sustained serious injuries, including burns requiring a skin graft, hydrotherapy, catheterization, and intravenous…
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Pharmacy Expert Witness’ Testimony Excluded for Rejecting Published, Peer-Reviewed Ranitidine Epidemiology
Plaintiff alleged that his use of the antacid medication Zantac caused him to develop prostate cancer because Zantac’s active ingredient, ranitidine, has been found to degrade N-nitrosodimethylamine (“NDMA”). Brand Defendants’ filed a motion to exclude Plaintiff’s expert Dr. Steven Bird under Daubert. Pharmacy Expert Witness Steven Bird is a lead epidemiologist at the Food and…
