Tag: methodology
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Court addresses Daubert challenges filed against both the Plaintiffs’ and Defendants’ expert witnesses amidst claims of premises liability and product liability
Valerie Koger, a Costco member, visited the Costco store in Fremont, California, on November 1, 2018, seeking dining chairs. While browsing, she encountered a Stakmore wooden folding chair displayed on an aisle. Upon sitting on it, the chair immediately collapsed, causing her to fall to the ground. The impact from the chair’s failure resulted in…
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Court Excludes the Testimony of Finance Expert Witness for its inconsistency with GAAP Principles
This case involved Plaintiffs Fischler Kapel Holdings, LLC, Richard Fischler, and Paula Kapel (collectively “Plaintiffs”) and Defendants Flavor Producers, LLC (“FPI”) and Jeffrey Harris (collectively “Defendants”). Plaintiffs filed a motion in limine to exclude the expert report and testimony of Defendants’ expert, Timothy S. Ramey. The Defendants engaged in a fraudulent scheme by providing false…
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Methodology employed by the Business Valuation Expert Witness to compute damages passes the Daubert test amidst alleged violations of consumer protection laws
This case involved a dispute over the admissibility of expert testimony regarding damages in a lawsuit filed by Innovative Solutions International, Inc. (“Plaintiff”) against multiple Defendants, including Houlihan Trading Company, Inc. and Pilgrim’s Pride Corporation (“Pilgrims”). Pilgrims, a company involved in preparing and packaging chicken for resale, supplied chicken that went through several vendors before…
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Credentials and subjective opinion alone found insufficient for admitting expert testimony; Court rejects the testimony of transportation safety expert witness in personal injury suit
In a recent update, the Court has vindicated James E. Lewis by noting that it did not doubt Lewis’ experience and insights into the trucking industry. Read our updated coverage here: https://expertwitnessprofiler.com/james-e-lewis-transportation-safety-expert-witness-stands-vindicated-judge-confirms-exclusion-was-procedural-and-unfortunate In response to our coverage of this court opinion, we received the following response from James Lewis, the expert witness referenced in this…
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Evidentiary Standard of Reliability is lower than the merits standard of correctness;Court admits the testimony of Human Factors Expert Witness regarding the adequacy of the product’s warning labels in this failure-to-warn suit
In a products liability action, Plaintiffs Timothy and Jean Moore filed a failure-to-warn lawsuit against Defendant Combe Inc., the manufacturer of the Just For Men brand of hair dye products. The Moores alleged that Combe knew or should have known that their products could cause vitiligo and/or skin depigmentation but failed to adequately warn users…
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Damages cannot be awarded for speculative losses; Court limits testimony on lost wages and lost earning capacity of the Plaintiff
Plaintiff John Doe, who was referred to by a pseudonym by the Court, brought an action against the Trustees of Dartmouth College (“Dartmouth”) alleging that Dartmouth had violated Title IX of the Education Amendments of 1972 and had breached a contract by expelling him from Dartmouth’s Geisel School of Medicine. This expulsion followed Dartmouth’s determination…
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Evidence of Causation Necessary to Support Damages Theory; Court Limits Clashing Expert Testimony on Economic Damages
This copyright infringement case was brought by JBrick, LLC (“JBrick”) against Chazak Kinder, Inc., Chazak Distribution, Inc., Marav USA LLC, and Yaacov Schwartz (collectively “Defendants”) in the United States District Court for the Eastern District of New York. JBrick alleged that the Defendants infringed on their copyright for a lego model of the Second Holy…
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Court rejects expert testimony on unfair trade practices and consumer expectations regarding deodorants and antiperspirants; Closes Case
The Court granted Unilever’s motion to exclude expert testimony on unfair trade practices and consumer expectations regarding deodorants and antiperspirants after finding deficiencies in both the experts’ facts, data, and methodology. The sample sizes were too small and the data was ambiguous and incomplete. The testing methodology also yielded unpredictable results. Consumer expectations relevant to…
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Court admits image valuation and consumer perception theories with regard to the model and talent industry provided by the Plaintiff’s experts in copyright infringement suit
Wisconsin District Court denied a motion to exclude the Plaintiffs’ expert who used his industry experience to opine on hypothetical negotiation value. The court found his valuation method reliable enough for admission, despite the Defendant’s critiques. It also permitted the Plaintiffs’ survey expert, ruling that flaws in the survey went to evidentiary weight, not admissibility.…
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Court limits fire and battery expert testimony in fatal laptop battery explosion case
This case arose from a December 2015 apartment fire in Everett, Washington that was allegedly caused by a lithium-ion laptop battery manufactured by Hewlett-Packard (HP). The plaintiff insurance company brought subrogation claims against HP for negligence and strict product liability under Washington law. The plaintiff retained two expert witnesses who opined that the fire was…
