Tag: Reliable
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Psychology Expert Witness is Unqualified to Testify as to Reputational Damages
On June 15, 2020, Michael J. Fitzgerald and Ronda and Will McNae finalized a Settlement Agreement to resolve claims related to alleged rape and sexual assault. This agreement included Fitzgerald paying a sum of money and, in return, the McNaes releasing their claims, agreeing not to contact Fitzgerald’s employer, SoftwareONE, refrain from writing about him…
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Recreational Vehicle Expert’s Valuation Determination Complies with Rule 702
Plaintiff Jason Greene purchased a recreational vehicle (“RV”) from Defendant Thor Motor Coach, Inc. (“Thor”). The purchase included a 12 month / 15,000 mile limited warranty (the “Limited Warranty”). After purchasing the RV, Greene encountered issues with the RV that led him to seek repairs on several occasions. Some issues remained even after the attempted…
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Data Privacy Expert Has Sufficient Experience in TCPA Compliance and Wrong Number Issues
David Elliot filed a lawsuit against Humana, claiming the company violated the Telephone Consumer Protection Act (TCPA) by repeatedly calling him with robocalls even though he wasn’t a customer and had informed them they had the wrong number. Elliot wants to pursue this as a class action, arguing that many others have experienced similar unwanted…
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Court Accepts the Mortgage Expert’s Opinion on the OPERS’ Primary Fraud Theory
Defendant Federal Home Loan Mortgage Corporation (“Freddie Mac”) offered Dr. Chudozie Okongwu, a mortgage market expert, to discuss the mortgage and subprime markets and the credit crisis between August 1, 2006, and November 20, 2007 (the “Relevant Period”). The lawsuit concerns whether “Freddie Mac concealed its overextension in the nontraditional mortgage market—generally composed of instruments…
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Engineering Expert’s Testimony on the Formation of Black Ice Admitted
In a premises liability lawsuit, Plaintiff Susana Aqueche claimed she was injured after slipping on ice in the parking lot of a Hobby Lobby and is suing SVAP II Pasadena Crossroads, LLC (SVAP), Sterling Retail, Sterling Mid-Atlantic, The Sterling Organization, Paramount Crossroads, Sterling Organizational Systems, and Hobby Lobby. In response, SVAP, Sterling Retail, Sterling Mid-Atlantic,…
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Court Admitted Public Relations Expert’s Testimony Describing the Experience of a Wine Consumer
This case examines the compatibility of Ohio’s three-tier liquor control system, established under the Twenty-first Amendment of the United States Constitution, with the Dormant Commerce Clause. The Sixth Circuit has directed the Court to determine, based on the presented facts and evidence, whether the statutes that Plaintiffs’ challenge “(1) ‘can be justified as a public…
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Accounting Expert Allowed to Testify Despite Lacking Forensic Accounting Expertise
This case involves a dispute over the alleged misuse of funds from two New Mexico payday lending businesses, Cashco, Inc. and Budget Payday Loans, L.P. The Light Defendants (John Ernest Light, Tina S. Light, and Investors Services, Inc.) were hired to manage the financial operations of these businesses, including record-keeping and transaction processing. They were…
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Human Factors Expert Lacks Expertise in the Context of Officer-Involved Shooting
Essentially, this case involves a civil rights and state tort claim stemming from the fatal shooting of Mickel Lewis, Sr., by Kern County Sheriff Deputy Jason Ayala on October 2, 2020. Therefore, the central legal question is whether Deputy Ayala’s use of deadly force was justified. Consequently, the Plaintiffs have filed a motion to exclude…
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Neuropsychology Expert’s Opinions Discrediting the Body of False Confession Research Excluded
Essentially, Fulton and Mitchell alleged that they were wrongfully convicted of murder due to fabricated witness testimony and coerced false confessions by Chicago police officers. Consequently, they filed lawsuits claiming constitutional violations. As their trial date approached, the defense sought to introduce Dr. Diana Goldstein because of her extensive background, experience, and specialized knowledge as…
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Psychiatry Expert’s Testimony Not Fully Excluded Despite His Reliance on a Previous Edition of the DSM
In a recent Michigan case involving allegations of sexual abuse against visually impaired minors in public schools, the admissibility of expert psychiatric testimony became a focal point. Specifically, the Court grappled with challenges to Dr. Gerald Shiener‘s expertise and methodology. Plaintiffs presented Shiener, a psychiatrist, to testify on the “causation and damages” related to the…
