Tag: Reliability
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Statistics Expert Allowed to Opine on PFAS Exposure
This case arises out of the contamination of surface waters and drinking water in Chattooga County, Georgia, with per- and polyfluoroalkyl substances known as “PFAS.” In essence, Plaintiff Earl Parris, Jr., alleged that the Defendants have contaminated his city’s water supply and thus his household water with PFAS. Parris is a resident of Summerville, Georgia,…
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Geology Expert’s Testimony on Potential Alternative Sources Admitted
This case arises out of the contamination of surface waters and drinking water in Chattooga County, Georgia, with per- and polyfluoroalkyl substances known as “PFAS.” In essence, Plaintiff Earl Parris, Jr., alleged that the Defendants have contaminated his city’s water supply and thus his household water with PFAS. Parris is a resident of Summerville, Georgia,…
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Psychology Expert’s CPTSD Opinions Admitted
Danesh Noshirvan, an online entertainer and journalist, filed a civil action against Jennifer Couture alleging conspiracy and agency liability, as well as claims for defamation, tortious interference, misappropriation of likeness, and intentional infliction of emotional distress. Noshirvan alleged that Couture, Dr. Ralph Garramone, M.D. and OMG Realty, LLC , along with the other named Co-Defendants,…
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Automotive Industry Expert’s Testimony on Pricing Practices Excluded
The Plaintiffs in this putative national class action are insureds who filed “total loss” claims for the actual cash value (“ACV”) of their totaled vehicles under their automobile insurance policies sold by State Farm Mutual Automobile Insurance Company or State Farm Fire and Casualty Company (collectively, “Defendants” or “State Farm”). Plaintiffs challenged State Farm’s application…
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Economics Expert Partly Allowed to Opine on Corrective Advertising Damages
This is a trademark infringement and unfair competition action arising from the parties’ respective uses of the word “IMPOSSIBLE.” Impossible Foods is the widely known creator of the Impossible Burger and other plant-based meat products. Defendants/Counter-Plaintiffs Joel Runyon and Impossible X LLC (collectively, “Impossible LLC”) are an individual and his corporate entity who, over the…
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Human Resources Expert Was Not Allowed to Opine on an Employer’s Obligations
Plaintiff Andrew Brown alleged that CSX Transportation, Inc. violated his rights under the Family and Medical Leave Act (FMLA) by subjecting him to CSX’s attendance policy and by suspending and ultimately terminating him for taking FMLA leave. Brown hired Beth De Lima, a “Human Resource / Vocational Rehabilitation consultant,” to offer an expert opinion on…
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Forensic Engineering Expert Allowed to Opine on Tree Impact Damage
This matter arises out of an insurance claim filed by Plaintiffs, Grayson Smithand Savannah Smith, related to a tree impact that caused damage to their property located at 2811 Pebblewood Drive, Valdosta, Georgia 31602 on August 30, 2023. Auto-Owners retained expert Brent Boyd, a forensic engineer, to analyze the damage to the property. Plaintiffs’ arguments…
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Emergency Medicine Expert Was Allowed to Opine on Medical Management
On September 27, 2022, Plaintiffs Aislyn Batista Acevedo, Ina Ruth Kessler Krugman, and minor A.D.S.B. (collectively, “Plaintiffs”) filed the instant suit on behalf of the late David Suárez (“Suárez”) against Ashford Presbyterian Hospital (“Presby”) and various other Defendants (collectively, “Defendants”). From September 29, 2021, until his death on October 23, 2021, Suárez was hospitalized at…
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Hospitality Expert’s Testimony on Lost Investments Excluded
In this landlord-tenant dispute, Defendant Gator Flower Mound, LLC (“Gator”) asked the Court to exclude the damages testimony of Alan Someck, the expert witness designated by Plaintiff Arch & Eng, LLC (“Z Grill” or “Plaintiff”), as irrelevant and unreliable. Z Grill alleged economic injury due to problems with the premises it leased from Gator, the…
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Fire Investigation Expert Witness Was Allowed to Opine on the Defective Candle
Plaintiffs Robert and Jill Motto brought this action to recover for property damage to their home arising from a fire allegedly caused by a defective candle manufactured and sold by Defendants Newell Brands and The Yankee Candle Company. During the litigation, Plaintiffs retained two experts, Roger Spadt and Dr. John Golder, to investigate the origin…
