Tag: methodology
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Civil Engineering Expert Witness’ Assessment of Wind-Pressure Damage resulting from Hurricane Sally Admitted
Hurricane Sally, which made landfall in Gulf Shores, Alabama on September 16, 2020, damaged the Compass Point Condominium (the “Condo”). This action arises out of a disagreement between the insured, Compass Point Condominium Owners’ Association, Inc. (the “Plaintiff”), and its insurer, Landmark, regarding the extent of damage to Plaintiff’s property caused by Hurricane Sally, the necessary repairs, and…
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Psychology Expert Witness Testimony Regarding Trauma Resulting from Alleged Racial Discrimination Limited
Plaintiffs and Proposed Class Representatives Quinton Burns and K.B (collectively “Burns”) brought this action individually and on behalf of all similarly situated Black people against Defendants SeaWorld Parks & Entertainment, Inc. and SeaWorld Parks & Entertainment, LLC on account of the alleged racial discrimination that they suffered at Defendants’ property, Sesame Place Philadelphia (“Sesame Place”).…
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Forensic Engineering Expert Witness held to use a Reliable Methodology for Window Evaluation
Plaintiffs, Aimee and Erich Wolf filed a suit against Defendant, State Farm & Casualty Company raising claims such as breach of contract and bad faith from damage inflicted on the Wolf’s home during Hurricane Laura, which made landfall in Southwest Louisiana on August 27, 2020. Throughout the relevant period, the home was insured by State…
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Economic Damages Expert Witness held to Employ Valid Methodology for Computing Lost Licensing Profits
Plaintiff Brand Design Company, Inc., d/b/a House Industries (“House”), a design studio and typeface foundry is in the business of developing and marketing proprietary fonts. House accused Defendant Rite Aid Corporation of appropriating one of these proprietary fonts and its corresponding font software—Neutraface—in the pharmacy chain’s rebranding effort, with the assistance of Defendants GA Communications, Inc., d/b/a PureRED Creative,…
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Survey Methodology Employed by Marketing Expert Witness Deemed Admissible
Plaintiff, Anthony Bush on behalf of a class of California consumers, brought a class action against the Defendant, Rust-Oleum Corporation for mislabeling of its “Krud Kutter” cleaning products as “non-toxic” and “Earth friendly,” contending that it violated California consumer-protection laws since the products were, in fact, harmful to humans, animals, and the environment. The operative…
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Accounting Expert Witness’ Two-Party Market Analysis Admitted
Hayward Industries, Inc. (the Plaintiff), a company in the pool industry, filed a complaint against competitors (the Defendants) over the sale of aftermarket replacement salt cells for use in Plaintiff’s chlorine generator systems. Chlorine generators, also known as “salt cell systems,” convert dissolved salt into chlorine to sanitize pools. Chlorine generator systems replace the need…
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Expert found qualified to opine on the Overall Completeness of the Stage Prop based on his experience in Construction Management and Operations
The case originated from a contract disagreement between Movie Prop Rentals LLC and Miami Prop Rentals LLC, businesses in the movie production sector, and The Kingdom of God Global Church, a not-for-profit religious organization. The Plaintiffs claimed that the Defendants did not fulfill their part of a contract concerning the design and construction of a…
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Court admits the opinions of opposing experts about standard of care exercised to treat burn injuries in flight
This is a claim for damages under Article 17 and Article 21 of the Montreal Convention concerning an incident that occurred on February 11, 2022, during a JetBlue international flight from Orlando, Florida, to Montego Bay, Jamaica. The Plaintiff Julian Buonomo (“Buonomo”) sustained serious injuries when hot water spilled on his right arm and flank.…
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Court admits the Engineering Methodology employed by the Civil Engineering Expert Witness affirming its consistency with Concrete Construction Industry Practice
Archer Western – de Moya Joint Venture (the “JV”) filed a claim against Ace American Insurance Company (“ACE”), their insurer under a completed value builder’s risk policy, concerning the I-395/S.R. 836 Reconstruction/Rehabilitation Project in Miami, Florida. The claim pertained to bridge components constructed using low strength concrete that failed to meet project specifications. The JV…
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Court affirms the testimony of Accident Reconstruction Expert despite marginally discussing human factors
This case involves a vehicle accident that occurred on August 24, 2018 in Thomasville, Georgia. Plaintiff Grady Bryan was performing maintenance on a traffic light while positioned in a suspended lift bucket attached to a Georgia Department of Transportation (DOT) utility boom truck. Defendant David Swisher, a tractor trailer driver working for Defendant Greenwood Motor…
