Tag: methodology
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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…
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Class Size Calculations of Economics Expert Witness Held to be Reliable
Spokeo owns and operates the website spokeo.com. It collects consumer and public data from various public sources and private vendors, associates that data with particular names, and publishes it online. Using proprietary algorithms and systems, Spokeo “attempts to collect and aggregate and merge all that data into persons, person objects, which are then designated with…
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Business Valuation Expert Witness’ Assessment of Whether the CFO’s Actions Conformed with the Standard Conduct Rejected
A district judge in Florida limited the testimony of a Business Valuation Expert Witness because he did not identify how exactly the CFO breached his unidentified standard of care. This case arises out of Nextplat’s termination of its former Chief Financial Officer (“CFO”), Thomas Seifert. Nextplat contended in its Second Amended Complaint (among other things)…
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Insurance Expert Witness’ Opinions about California Claims Handling Practices Rejected
Plaintiff Oxnard Manor LP dba Oxnard Manor Health Center (“Plaintiff”) is a skilled nursing facility. As relevant herein, Defendant Hallmark Specialty Insurance Company (“Defendant”) issued a liability insurance policy to Plaintiff effective from June 1, 2017, to June 1, 2018. Defendant then issued a second liability insurance policy effective June 1, 2018, to June 1, 2019.…
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Epidemiology Expert Witness’ General Causation Opinion Rejected
This is a multidistrict litigation (“MDL”) in which over 5,000 individual Plaintiffs allege that they developed Parkinson’s disease because of their exposure to an herbicide, paraquat dichloride (“paraquat”). Paraquat is a restricted-use quaternary ammonium herbicide that is used to control weeds in farming operations and other settings around the United States. Defendants, Syngenta Crop Protection, LLC…
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Life Care Planning Expert Witness Deemed Qualified to Diagnose Plaintiff’s Injuries
A district judge in Missouri allowed a emergency room physician, who also happens to be a certified life care planner, to diagnose the Plaintiff’s injuries and attribute them to the vehicle accident at issue. This matter arises from a January 2021 vehicular collision. A United States Postal Service (“USPS”) employee, driving a delivery truck, rear-ended a…
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Trade Secrets Expert Witness’ Testimony Based on his own Experience Admitted
A district judge in Texas admitted the testimony of a trade secrets expert witness, taking into consideration his extensive and specialized experience. Plaintiff BHI, a leader in the energy industry providing project management and staffing support to the nuclear, fossil, wind, hydro, and government energy markets accused the Defendants KVP Energy Services, Dustin Coble, Welborn…
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Accounting Expert Witness’ Opinions on Due Diligence Procedures Admitted
A district judge in Mississippi held that the accounting expert witness was more than qualified to testify about the due diligence requirements in the stock purchase agreement in question. Facts of the case: Casey Morgan (“Morgan”) and Jimmy Ward (“Ward”) (collectively “Plaintiffs”) previously owned and operated Bigfoot Land Services, Inc. (“Bigfoot” or “the company”), an…
