Tag: Relevant
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Physical Medicine & Rehabilitation Expert Witness’ Testimony Indicating a History of Post-Concussive Syndrome Deemed Speculative
The Plaintiff, Kimberly Allcorn, brought this action seeking the recovery of damages for injuries she allegedly sustained in a collision between an automobile she was driving and a tractor trailer being driven by the Defendant Pamela Kay Beach while in the course and scope of her employment with the Defendant Western Flyer Express, LLC. The…
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Survey Research Expert Witness’ Testimony Admitted Because the Court Found No Evidence of Actual Confusion among Respondents
In this trademark dispute, Defendants SuccessfulMatch.com and Successful Match Canada (both, Successful Match) sought to cancel on genericness grounds the registration of trademarks asserted by Plaintiffs Clover8 Investments and Reflex Media, Inc. As Successful Match puts it, the trademarks in question “are used in connection with seeking a companion in the ‘Sugar Daddy’ and ‘Sugar…
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Mechanical Engineering Expert Witness’ Testimony Could Mislead the Jury as to Defendant’s duties
Plaintiffs Kyle and Annaleah Justice raised claims of negligence and strict liability against Defendants Bestway (USA), Inc. and Rural King under the Missouri Wrongful Death Statute. Plaintiffs’ claims arose from the drowning death of their minor daughter, E.M.J., in an above-ground pool on August 3, 2019. Rural King argued that certain opinions of Plaintiffs’ retained…
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Social Work Expert Witness’ Testimony Explaining the Dynamics of Domestic Violence Admitted
Defendant Michael Johnson is charged with the following: unlawful imprisonment, assault of a domestic partner by strangulation and suffocation, interstate domestic violence, witness tampering, and assault. Johnson claimed that the Government has not filed a notice to call Holly Rosen, provided her curriculum vitae, a statement of her expected testimony, or the basis and methodology…
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Mergers & Acquisitions Expert Witness’ Testimony About Due Diligence Deemed Irrelevant
Plaintiffs, ECB USA, Inc. and Atlantic Ventures Corp. accused Savencia and Zausner, together with other persons and entities, of commiting a series of tortious acts, including, but not limited to, looting the assets of Schratter Foods Incorporated (“Schratter”), then fraudulently inducing Plaintiffs into executing an agreement to purchase all of Schratter’s shares (the “Stock Purchase…
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Court Limits Accident Investigation Expert Witness’ Report on Defendant’s Liability
Plaintiff sustained injuries while waiting in the loading area to board an inflatable raft as part of the Aquazoid water slide (“Aquazoid”). It occurred on August 22, 2015, at Busch Gardens Water Country USA (“Water Country”), in Williamsburg, Virginia. Two attendants stationed at the loading area at the top of the water slide remove the…
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Disagreement among experts regarding methodology does not necessitate exclusion under Daubert; Nursing expert witness testimony on adequate staffing levels survives challenge
This case involved a putative class action lawsuit brought by Plaintiff Gail Parrish against Defendant Gordon Lane Healthcare, LLC (Gordon Lane), which operated a long-term skilled nursing facility where Parrish resided. Parrish, by and through his daughter and successor in interest, Monica Parrish, alleged that Gordon Lane failed to adequately staff the facility in violation…
