Tag: Reliability
-
Financial Analysis Expert Was Not Allowed to Opine on Damages Models
Plaintiffs Nathan Campos and Janet Garvey (collectively, “Plaintiffs”) brought this putative class action alleging damages from being “deceived into making in-game purchases of deceptively marketed in-game items in the mobile application games Big Fish Casino and Jackpot Magic slots (collectively, “the Games”) and lost those purchases to the Games’ unlawful and unfair casino-style games of…
-
Expert Testimony on the Functions of a County Attorney Admitted
Defendant Howard Keith Hall is the former County Attorney of Pike County, Kentucky. Hall is a current Pike County Circuit Court Judge. The United States charged Hall with two counts of mail fraud and one count of theft of government funds. The charges stem from an alleged scheme in which Hall hired Attorney A1 as…
-
Law Enforcement Expert’s Testimony on Reasonable Suspicion Excluded
Plaintiff Shelby Ross asserted a Fourth Amendment unreasonable search and seizure claim against Defendant Jeremy Finney. In addition, Plaintiff asserted state law claims of assault and battery against Finney. Against Tipton County, Plaintiff averred “negligent failure to protect”/“negligent failure to prevent” claims under Tennessee law. Ross hired Roy G. Taylor as an expert witness in…
-
Industrial Hygiene Expert’s Testimony on Increased Exposure to PCBs Admitted
Plaintiffs Josepha Austin, Robin Cruz, Gordana Pobric, and Jennifer Haselman brought this action claiming physical, cognitive, and emotional harm resulting from their exposure to polychlorinated biphenyls (“PCBs”). Defendants Monsanto Company, Bayer CropScience, L.P., Solutia, Inc., and Pharmacia L.L.C. (collectively “Monsanto”) filed a motion to exclude the testimony of Kevin Coghlan. Plaintiffs intended to call Coghlan…
-
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…
-
Telecommunications Expert’s Testimony on Business Matters Excluded
Plaintiff Calltrol Corporation (“Plaintiff”) initiated this action on October 6, 2018, against LoxySoft AB and LoxySoft Inc. (together, “Defendants”), alleging breach of contract, tortious interference with prospective economic benefit, unfair competition, false and deceptive practices. Plaintiff sold call center software, hardware products, and related support services. LoxySoft Inc. is a wholly owned subsidiary of LoxySoft…
-
Orthopedic Surgery Expert Allowed to Testify Despite a Temporary Lapse in Board Certification
This case concerns a personal injury. On July 5, 2021, Plaintiff Cline Cockburn was employed by AmSpec Services, LLC as a petrochemical inspector performing work for Marathon Petroleum Company, LP aboard in rem Defendant the M/V San Roberto, a vessel owned and operated by Defendant Buffalo Marine Service, Inc. (“Buffalo Marine”). At the time, the San Roberto was moored at a…
-
Safety Expert’s Testimony on Label Warning Issues Admitted
This products liability case arises out of injuries sustained by Plaintiff Joseph Gonsoulin (“Gonsoulin”) while seated on an allegedly defective electronic motorcycle that unexpectedly took off and caused him to crash into a wall. As a result, Gonsoulin sued both the manufacturer of the Beta Explorer— Defendant Zhejiang Apollo Sports Technology (“Apollo”)—and the bike’s American…
-
Court Upheld the Actuarial Expert’s Methodology for Calculating Damages
Plaintiffs Timothy Scott, Patricia Gilchrist, Karen Fisher, Helen Maldonado-Valtierra, Dan Koval, Judy D. Duff, John Griffin, Kenneth Rhodes, Judy Dougherty, John Kelly, Richard Walshon, Jennifer Fryer, and Vince Carabba alleged that Defendants AT&T Inc., the AT&T Defined Benefit Plan, and AT&T Services, Inc. (collectively AT&T) have violated the Employee Retirement Income Security Act of 1974…
-
Engineering Expert’s Use of Manual J Fails Daubert Reliability Test
Plaintiff Sheheryar Ahmad sued Defendant Spinnaker Insurance Co., his insurer, for breach of contract based on Defendant’s refusal to cover damages caused by frozen and burst pipes in Ahmad’s home. The Plaintiff argued that although the insurance policy excluded coverage for damage caused by frozen pipes, his claim qualified for an exception to that exclusion…
