Tag: Reliable
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Engineering Expert Allowed to Opine on Property Damage
Plaintiff R&J Components filed this action for negligence, alleging damage to inventory during roof renovations. Centimark Corporation and SIU Professional Roofing LLC (“Defendants”) sought to exclude Plaintiff’s damages expert, Mikey Minor, under Rule 702 of the Federal Rules of Evidence. Engineering Expert Witness Mikey Minor is a director of consulting and lead consulting engineer with…
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Engineering Expert Barred From Opining on the Sidewalk Condition
In this facially simple premises liability lawsuit, Plaintiff Stephanie Lewis sought to recover damages incurred when she tripped and fell on the front walkway of Samuel B. Heggie, Jr.’s home while she was delivering a pizza in February 2020. Samuel Heggie having died during the pendency of this lawsuit, the Plaintiff now proceeds against the…
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Economics Expert’s Opinion on Career Earnings Prospects Admitted
This case involves a Federal Employers Liability Act (“FELA”) claim for emotional distress and a Federal Railroad Safety Act (“FRSA”) whistleblower claim based on alleged retaliation. Despite the failure to timely file the required documents, the Union Pacific’s Employee Assistance Program (“EAP”) granted Nathan Walker a grace extension of his medical leave of absence. On…
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Marketing Expert’s Testimony on Patent-Related Barriers Admitted
This is an antitrust action filed by Plaintiffs CareFirst of Maryland, Inc., Group Hospitalization and Medical Services Inc., and CareFirst Bluechoice Inc. (collectively, “CareFirst”) alleging that Defendants Johnson & Johnson and Janssen Biotech, Inc. (collectively, “J&J”) used monopoly power to unlawfully delay the introduction of biosimilar competitors for their drug ustekinumab (sold under the brand…
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Law Enforcement Expert Was Allowed to Opine on the Standard Practices Involving Police Canines
In this excessive force case involving a police canine, Plaintiff Herman Evans (“Evans”) filed a motion to exclude the opinion of The City of Lynchburg’s (“City”) expert witness—Jeffrey T. Barrett (“Barrett”). Barrett offered four opinions (although the confines of those opinions are not as clearly defined as they should be). First, he reviewed the training…
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Mechanical Engineering Expert’s Mix-and-Match Opinions Excluded
Plaintiff Taylor Lavergne sued Hyundai Motor Company and Hyundai Motor America (collectively, “Defendants”) in connection with injuries she allegedly sustained during a rear-end collision between a 2013 Jeep Wrangler and a 2016 Hyundai Accent (the “subject vehicle”) in which she was a passenger. Plaintiffs designated Brian Herbst as their mechanical engineering expert. Hyundai Motor Company…
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Economics Expert’s Lost Sales Analyses Deemed Reliable
Plaintiff Serra Chevrolet, Inc. (“Serra”) sued Defendant General Motors, LLC (“GM”) for breach of contract, violations of Alabama’s Motor Vehicle Franchise Act, negligence, wantonness, and violations of the federal Dealer’s Day in Court Act. Serra retained Patrick L. Anderson to provide an expert report on lost sales and lost profits in this matter. GM filed a…
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Construction Expert’s Opinions on Typical Overhead and Profit Margins Admitted
This litigation arises from hail damage to a hotel owned by Defendants, Merryton Bossier, LLC, Grace Chiao, and Hui Ping Lee (collectively, “Merryton”) in Bossier City, Louisiana, in 2020. Merryton engaged Stonewater Roofing LTD. Co., LLC to perform roof repairs, contingent upon insurance approval by Scottsdale Insurance Company (“Scottsdale”). After appraisers assessed the damage, Scottsdale…
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Maritime Safety Expert Was Barred From Opining on Structural Integrity
At its core, this case involves an alleged injury on a ship. Specifically, Plaintiffs Robert Mondella and Tara Mondella allege that Mr. Mondella was seriously injured when he fell from a gangway while performing services on board the JPO Capricornus (the “Capricornus”), a vessel owned by Defendants. Defendants filed a motion to exclude the report…
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Nutrition Expert Was Allowed to Opine on the Use of Statutes and Regulations
Plaintiffs are the estates of three decedents, Robert W. Petersen (“Mr. Petersen”), Mary Ann Simons, (“Ms. Simons”) and Charlotte Elaine Guilford (“Ms. Guilford”) (collectively, “Plaintiffs”). Plaintiffs were residents of Canyon Creek, an assisted living facility in Billings, Montana specializing in memory care, during the height of the COVID-19 pandemic in 2020. Plaintiffs alleged that Canyon…
