Tag: Reliability
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Law Enforcement Expert Witness’ Testimony on the Police Officers’ Conduct Admitted
A district judge in Louisiana admitted a law enforcement expert’s testimony summarizing police procedures. Cortez alleged that on November 21, 2019, his wife had called 911 and requested that police be dispatched so she could leave their residence without incident because Cortez was in an agitated mood. Cortez averred that an altercation had ensued after…
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Court refuses to exclude Pharmaceutical Expert Witness’ Opinions Regarding Breadth of Asserted Claims
A district judge in Florida refused to exclude the testimony of a pharmaceutical expert witness despite allegations of fundamental flaws in the assumptions on which her calculations are based. Defendant Aveva Drug Delivery Systems, Inc. of an Abbreviated New Drug Application (“ANDA”) No. 217221 to the U.S. Food and Drug Administration (“FDA”) sought approval to…
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Defendant’s Objections against the Accounting Expert Witness’ Damages Calculations Overruled
A district judge in North Carolina refused to exclude the accounting expert witness’ calculations of the Defendants’ revenues and profits earned in connection with their sales. Plaintiff and Defendants sell heat transfer systems to industrial customers. In 2016, Plaintiff sued Defendants for trade secret misappropriation, breach of contract, unfair competition, and patent claims. That litigation…
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Epidemiology Expert Witness’ General Causation Opinion Rejected
This is a multidistrict litigation (“MDL”) in which over 5,000 individual Plaintiffs allege that they developed Parkinson’s disease because of their exposure to an herbicide, paraquat dichloride (“paraquat”). Paraquat is a restricted-use quaternary ammonium herbicide that is used to control weeds in farming operations and other settings around the United States. Defendants, Syngenta Crop Protection, LLC…
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Credit Reporting Expert Witness’ Opinions Based on his Experience And Research In Understanding Credit Score Risk-Analysis Admitted
A district judge in Florida admitted the opinions of a credit reporting expert witness after ruling that his opinions were an application of industry standards to facts that, if proven, might have helped demonstrate the satisfaction of Fair Credit Reporting Act standards by implication. Facts of the Case Plaintiff, Pablo Antonio Garcia (“Garcia”), as the…
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Podiatry Expert Witness’ Testimony Based on a Meaningful Connection between her Experience and the Cause of Injury Admitted
Florida Southern District Court decided that a podiatry expert witness’ causation theory with regard to severe burns was admissible after she compared and contrasted the Plaintiff’s health before and after the incident. This is a negligence action in admiralty for damages the Plaintiff suffered while vacationing aboard the Explorer of The Seas on May 14, 2022. The…
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Premises Liability Expert Witness’ Testimony Limited due to being based on Observable Contents
In May 2021, Plaintiff Drew Krantz visited Adrien Crastes’ apartment at Lewisburg in Pennsylvania. The Defendant, Market Street Investment Corporation, Inc owned the premises. Krantz and others decided to install a window air conditioning unit in Crastes’ window. But when Krantz tried to open the window, the windowpane broke and fell on his wrist, causing the injury…
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Wind Speed Opinions of Forensic Engineering Expert Witness Admitted
This case involves an insurance claim regarding a damaged roof on the Minden residence. Plaintiffs, Michael and Theresa Minden (“Plaintiffs”), purchased a newly-constructed home in 2003 in Nevada. Allstate’s policy of insurance insured the property. In September 2019, a wind event occurred resulting in damage to the roof of Plaintiffs’ home but Plaintiffs waited until…
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Fire Investigation Expert Witness Deemed Unqualified to Opine on Candle Design
On October 15, 2015, the Plaintiff ignited a brand new Bath & Body Works 3-wick candle and left it burning on her kitchen counter while she put her son to bed. Within 30 minutes, she asserted that the entire liquid wax pool inside the candle jar caught fire, resulting in a phenomenon known as a…
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Rejection of Computer Software Expert Witness’ Interpretation Attempt on Contract
This is a breach of contract dispute between Paired Pay and ClearObject. Paired Pay alleged that ClearObject breached the parties’ contract because ClearObject purportedly did not provide a “dedicated” team during a particular phase of the project. Defendant filed a motion to exclude the report and testimony of Larry E. Daniel, one of Plaintiff’s testifying expert witnesses under Federal…
