Tag: Motion to Exclude
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Compliance Expert’s Testimony on the Hallmarks of a Pill Mill Excluded
Defendant Heather Marks, a nurse practitioner, is charged in a Superseding Indictment with distributing and conspiring (with her former co-defendant, Hemal Mehta, M.D.) to distribute Schedule II controlled substances outside the usual course of professional practice and without a legitimate medical purpose. The Defendant also sought to introduce the testimony of Michael W. Staples, CMBI, as…
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Medical Coding Expert’s Testimony About the Health Insurance Claims Admitted
Plaintiff Michael Swartzendruber claimed that Defendants United Healthcare Insurance Company and United Healthcare of the Mid-Atlantic, Inc. (collectively “United”), and Defendants Sentara RMH Medical Center and RMH Medical Group, LLC (collectively “Sentara”) overcharged him for hospital services and/or by making misrepresentations about the charges for his blood tests. On each occasion, Swartzendruber’s blood was drawn at…
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Orthopedic Surgery Expert’s Testimony on Medical Negligence Excluded
Plaintiff Nicholas Price, a former Virginia inmate, filed this civil rights action against Defendant Kyle Smith, M.D. (“Dr. Smith”), alleging that Smith wasdeliberately indifferent to Price’s serious medical needs after he sustained significant knee injuries while playing basketball at Augusta Correctional Center (“ACC”). Smith filed a motion to exclude the medical opinions of Price’s expert…
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Economics Expert’s Stock Valuation Opinions Admitted
Plaintiffs Thomas O’Keefe, Kenneth Cunningham, Joseph Lewis, Brian Judge, Byounghoon Ahn, Dione Heusel, Betsy Riggs, and Thomas West are former executives and employees of Defendant Smoothie King Franchises, Inc. This action arises out of Defendants’ allegedly wrongful decision to terminatePlaintiffs’ stock options in SK USA, Inc. Plaintiffs engaged expert Craig J. McCann, Ph.D. and CFA,…
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Psychology Expert’s Testimony on Consumer Perceptions of Online Posts Excluded
This case arises out of an ongoing dispute between Plaintiffs LoanStreet, Inc. (“LoanStreet”) and LoanStreet CEO Ian Lampl (“Lampl,” and together with LoanStreet, “Plaintiffs”) and a former employee, Defendant Wyatt Troia (“Troia”). LoanStreet, a online platform which provides services to help clients share, manage, and originate loans, hired Troia to work as a software engineer in…
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Emergency Medicine Expert Barred From Testifying Due to His Admitted Lack of Knowledge
Plaintiff Emilee Bradley sued Defendants BSL Express Trucking, Inc. and Fatkhuddin Kurbonov in Jefferson Circuit Court, alleging various claims arising from an automobile accident involving Bradley and Fatkhuddin Kurbonov. Intervening Plaintiff Shawna Broyles (hereinafter “Broyles”) was a passenger of Plaintiff Bradley’s vehicle. Defendants filed a motion to exclude the opinion of Broyles’ proffered expert, Dr.…
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Internal Medicine Expert’s Testimony Limited Despite His Physician Behavior Experience
Plaintiff State of Washington alleged that Novo Nordisk Inc. (“NNI”) caused physicians to prescribe its drug, NovoSeven®, to Washington hemophilia patients by: (1) promoting it “off-label” for prophylaxis and “high dose” use; (2) paying kickbacks to physicians; and (3) paying bribes to patients, all of which rendered claims to Medicare and Washington Medicaid false. The…
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Accounting Expert Allowed to Testify About the Lifetime Loss of Earnings
Plaintiff Kimberly Breuil claimed that she was injured in a motor vehicle accident that took place on October 8, 2021. Breuil claimed that her injuries have made it painful to look downward and difficult to lift objects. As a result, she is seeking future lost wages and diminished earning capacity totaling between $483,273 and $1,085,644.…
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Mechanical Engineering Expert’s Opinion on Alleged Manufacturing Defect in Accident Ladder Excluded
In this products liability action, Plaintiff Joshua Cleaveland sued Defendants Tricam Industries, Inc. and Home Depot USA Inc. after he fell from a Tricam model GLX-5B ladder on August 26, 2021. The ladder was manufactured by Tricam and purchased from Home Depot. According to Plaintiff, he was injured because the ladder was defective. Defendants filed…
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Accounting Expert’s Price Erosion Damages Opinion Admitted
Plaintiffs Syntel Sterling Best Shores Mauritius Limited, and Syntel, Inc., (collectively, “Syntel”) initiated this action against The TriZetto Group, Inc. (“TriZetto”) and Cognizant Technology Solutions Corp. (“Cognizant,” and, collectively, “Defendants”), alleging breach of contract, intentional interference with contractual relations, and misappropriation of confidential information. Syntel filed a motion to exclude the price erosion damages opinion…
