Tag: methodology
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Orthopedic Surgery Expert Witness’ Opinion on Alleged Personal Orthopedic Injuries Admitted
Plaintiff Rickie Russell, Jr. (“Russell) alleged that, on August 13, 2021, Terry Delmer Prater (“Prater”) crashed an 18-wheeler truck into Russell’s roadside work crew Russell claimed he was pinned between two vehicles and suffered serious injuries as a result of that motor vehicle collision. Russell brought suit against Defendants Prater and Big V Feeds, Inc.…
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Economics Expert Witness Employs a “Before and After” Methodology to Quantify Plaintiff’s Damages
This action arises out of an alleged October 22, 2016 arrest and subsequent criminal prosecution of Plaintiff, which concluded with Plaintiff’s conviction for misdemeanor battery upon Officer Ermeri. On October 20, 2020, Plaintiff Richard John Lucibella (“Lucibella”) filed a nine-count complaint in state court against Officer Richard Ermeri (“Ermeri”), Officer Savino (“Savino”), and the Town…
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Petroleum Engineering Expert Witness’ Testimony About the Decline Trend in Production Admitted
Southern Oil of Louisiana, LLC filed a complaint seeking to recover damages from, among others, Alliance Offshore and the M/V MR CADE after the M/V MR CADE allided with Southern Oil’s fixed, charted offshore oil platform located in Main Pass Block 45 (the “Corvus platform”) on December 2, 2021. The allision resulted in the Corvus platform…
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FDA Expert Witness’ Testimony Excluded Because He Did Not Test His Theories
The Plaintiffs — Carmelo Leon and Wanda Leon — brought this action against the Defendants — United Industries Corporation (“UIC”), Spectrum Brands, Inc. (“SBI”), Cutter, and Home Depot U.S.A., Inc. (“Home Depot”) — after Carmelo Leon sustained burn injuries during an incident involving a mosquito-repelling candle manufactured and sold by the Defendants. The Defendants initially moved…
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Orthopedic Surgery Expert Witness Barred From Determining the Reasonable Cost of Medical Expenses
Plaintiff, Mostafa Natour was injured in a car accident with a United States Postal Services delivery truck. Natour received medical treatment that consisted of imaging studies, chiropractic care, epidural injections, and pain management care. He sought to recover, among other things, his past medical expenses. Natour retained Alex Cruz, M.D. of Abacus Analytics as an…
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Marketing Expert Witness’ Testimony About the Digital Marketing Strategy Employed and Its Potential Returns Excluded
Plaintiff La Canada Ventures, Inc., is a health and beauty retailer offering cosmetic products. Defendant MDalgorithms is a company that offers computer software and app technology for education and advice about the treatment of acne. Both parties create and market skin and haircare products with the root mark “MD.” Plaintiff brought this action against Defendant,…
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Court Limits Transportation Safety Expert Witness’ Testimony After he Fails to Identify a Safety Rule Violation
A district judge in Pennsylvania limited the Transportation Safety Expert’s testimony about the Defendant’s failure to review safety and compliance data. Defendant Gateway Freight Systems, Inc., on behalf of Defendant Tempel Steel, retained Defendant Foxway Transportation, Inc. to transport a shipment of Tempel’s product from Tempel’s Canadian location to two locations in Pennsylvania. On October…
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Retirement Plan Expert Witness’ Recordkeeping Fees Calculation Rejected
A district judge in Pennsylvania refused to admit the Retirement Plan Expert’s opinions on “excessive” recordkeeping fees being charged. Plaintiff, John McCauley accused PNC Financial Services Group and a Committee appointed to oversee the administration of PNC’s 401(k) Plan of breaching their fiduciary duties under ERISA by allowing the Plan to pay “excessive” fees to…
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Court Refuses to Exclude Meteorology Expert Witness’ Conclusion about Wind Damage
A district judge in Nevada admitted the testimony of an expert meteorologist despite lack of certain tests or calculations. In 2003, the Mindens purchased a new high-end custom home in Henderson, Nevada, where they have resided since then. They maintained an active insurance policy over the property through Allstate. A sudden storm hit the property…
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Law Enforcement Expert Witness’ Testimony on the Police Officers’ Conduct Admitted
A district judge in Louisiana admitted a law enforcement expert’s testimony summarizing police procedures. Cortez alleged that on November 21, 2019, his wife had called 911 and requested that police be dispatched so she could leave their residence without incident because Cortez was in an agitated mood. Cortez averred that an altercation had ensued after…
