Tag: Motion to Exclude
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Law Enforcement Expert’s Opinion on Reaction Time Admitted
This case arises from the fatal shooting of Caleb Slay by federal Drug Enforcement Administration (“DEA”) Agent Anthony Gasperoni. On November 2, 2020, Slay encountered DEA Agent Gasperoni and DEA Agent John Stuart. During the ensuing interaction, DEA Agent Gasperoni discharged his firearm, fatally shooting Slay. Slay’s mother, Tina Richardson, filed this case asserting numerous…
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Internal Medicine Expert’s Testimony on a Syncopal Episode Admitted
On June 3, 2020, Matthew Vomero was driving a tractor trailer when his vehicle crashed into a building insured by Travelers Home and Marine Insurance Company (“Travelers”). At the time of the accident, Vomero was acting in the course and scope of his employment with U.S. Xpress. The parties dispute whether Defendants have presented admissible…
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Internal Medicine Expert Was Allowed to Opine on Medical Effects
Plaintiff, Robert Rone (“Rone”) asserted claims against Kiesha Pettway, RN, and Felicia Crawford, CRNP, for alleged violations of the Fourteenth Amendment of the United States Constitution pursuant to 42 USC § 1983 relating to Rone’s incarceration at the Mobile County Metro Jail on May 7, 2021. Crawford and Pettway filed a motion to exclude the…
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Insurance Expert Allowed to Opine on Claims Handling
This is an insurance coverage and bad faith action involving a water loss under a homeowners policy. Safeco issued a homeowners policy to Plaintiffs Tessa and Tyrell Bradley for the policy period from September 24, 2022, to September 24, 2023 (the “Policy”). The claim arose in December 2022, when the Bradleys reported that a hot…
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Trademarks Expert Was Allowed to Opine on Protectable Rights
In 2017, twin brothers Michael and David Postar split their interests in Affordable Storage, a self-storage business that they jointly owned and operated for many years. As part of the split, the brothers assigned certain registered trademarks associated with the business to a holding company in which they both own a 50% stake. Michael has…
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Statistics Expert’s Scientific Analysis Excluded
This litigation arises from Plaintiff Raymond Flanks’ (“Plaintiff”) wrongful conviction for first-degree murder in 1985. Plaintiff alleged that the Orleans Parish District Attorney’s Office (“OPDA”) secured his wrongful conviction in violation of his constitutional rights by withholding material exculpatory evidence. Dr. Tumulesh Solanky is a statistician retained by Defendant Jason Williams to to conduct a…
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Metallurgy Expert Allowed to Opine on Foreign Object Debris
This case arises from an accident involving a Robinson R44 II helicopter, registration N442VB (“Helicopter”), that occurred on the evening of December 30, 2021, in Levy County, Florida. The Helicopter was being flown at night by the owner-pilot, Ronald Hicks (“Pilot Hicks”), from a local friend’s residence to his private property. At the time of…
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Piloting Expert Was Allowed to Opine on Spatial Disorientation
This case arises from an accident involving a Robinson R44 II helicopter, registration N442VB (“Helicopter”), that occurred on the evening of December 30, 2021, in Levy County, Florida. The Helicopter was being flown at night by the owner-pilot, Ronald Hicks (“Pilot Hicks”), from a local friend’s residence to his private property. At the time of…
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Mechanical Engineering Expert’s Testimony on Patents Admitted
Plaintiffs Spartan Composites, LLC d/b/a FODS and Spartan Mat, LLC accused Defendant Signature Systems Group, LLC of misappropriating trade secrets after Signature allegedly obtained FODS’ trade secret on how to design, manufacture, market and distribute the FODS trackout mat. Plaintiffs retained Dr. William S. Howard (“Dr. Howard”), a mechanical and electrical engineer and the owner…
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Economics Expert’s Opinion on Copyright Damages Excluded
Plaintiff The Upper Deck Company (“Upper Deck”) sued its former contractor, Ryan Miller (“Miller”), and its competitor, Ravensburger North America Inc. (“Ravensburger”), for claims arising from the alleged copying of Upper Deck’s new trading card game (“TCG”), Rush of Ikorr. Miller filed motions to exclude Plaintiff’s expert witnesses Dr. Roberto J. Cavazos and Dr. Ian Bogost while…
