Tag: methodology
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Hotel Security Expert Was Not Allowed to Opine on the Adequacy of Training
Jane Doe K.R. sued Defendants, Choice Hotels, Choice Hotels International, Inc., and Choice Hotels International Services Corp. under the Trafficking Victims Protection Reauthorization Act (TVPRA). Plaintiff alleged that between March and May 2013, she was the victim of sex trafficking at an Orlando, Florida hotel owned and operated by WHG, a franchisee of the Choice…
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Civil Engineering Expert Was Not Allowed to Opine on the Collapse of the Retaining Wall
This matter arises out of the collapse of a retaining wall at the home of Plaintiffs Pranav Mishra and Mamta Mishra. The Mishras sued Defendant State Farm Fire and Casualty Company for breach of contract and bad faith failure to pay their resulting insurance claim. State Farm filed a motion to exclude the testimony of…
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Accounting Expert’s Testimony on Overhead Costs Excluded
This case arises from a contract between The Bama Companies, Inc., a manufacturer of baked goods, and Stahlbush Island Farms, Inc., a farmer and food processor, for the purchase of approximately 130,710 pounds of berries for a mixed berry and lemon cream pie Bama would supply for McDonald’s restaurants. Bama claimed that it was forced…
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Orthopedic Surgery Expert’s Testimony on Knee Injury Admitted
Plaintiff Maria Marano slipped and fell while at a Sam’s Club store. She subsequently filed a negligence lawsuit against Defendant Sam’s East, Inc., alleging that she sustained a meniscal tear in her knee as a result of the fall. Defendant disputes whether there is a causal connection between the fall and injury. Marano offered Dr.…
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Expert’s General Opinions on Human Trafficking Excluded
Jane Doe K.R. sued Defendants, Choice Hotels, Choice Hotels International, Inc., and Choice Hotels International Services Corp. under the Trafficking Victims Protection Reauthorization Act (TVPRA). Plaintiff alleged that between March and May 2013, she was the victim of sex trafficking at an Orlando, Florida hotel owned and operated by WHG, a franchisee of the Choice…
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Economics Expert’s Testimony on Loss of Society Excluded
This is a medical negligence case filed by Plaintiff Tanya Soule, as holder of Power of Attorney for Marlene Do, her mother, a currently disabled adult, and Long Do, her husband. Specifically, Plaintiffs alleged that Defendants were negligent in failing to timely diagnose and manage Marelene’s ischemic stroke on December 11, 2019. Subsequently, Defendants Blessing…
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Orthopedic Surgery Expert’s Testimony on Medical Negligence Excluded
Plaintiff Nicholas Price, a former Virginia inmate, filed this civil rights action against Defendant Kyle Smith, M.D. (“Dr. Smith”), alleging that Smith wasdeliberately indifferent to Price’s serious medical needs after he sustained significant knee injuries while playing basketball at Augusta Correctional Center (“ACC”). Smith filed a motion to exclude the medical opinions of Price’s expert…
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Forensic Accounting Expert Allowed to Testify Despite Lack of SQL Expertise
Plaintiff Pietoso, Inc. operates Café Napoli restaurant in Clayton, Missouri. It has a Service Agreement for waste removal from the restaurant with Defendant Allied Services, LLC—a subsidiary of Defendant Republic Services, Inc. The Service Agreement sets a basic-service rate of $323 per month, but it allows Allied to unilaterally increase this rate for certain enumerated…
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Marketing Expert’s Testimony Was Admitted Despite His Lack of Legal Credentials
X Social Media LLC (“X Social Media”) and X Corp. both use the letter “X” in association with closely related advertising services. Put simply, X Corp. is an online and app-based social-media platform that allows users to create and share a wide range of digital content, including advertisements. X Social Media is an advertising agency…
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Fabrics Expert Allowed to Testify About the Value of Clothing Fabric
This action arises from Michael’s Fabric’s LLC’s claim for loss of its inventory of high-end fabrics caused by water damage that was submitted under its insurance policy with Defendant Donegal Mutual Insurance Company. Ultimately, Plaintiff contended “Defendant has intentionally, maliciously and wrongfully denied the claim by Michael’s for replacement value of the inventory.” Defendant filed…
