Tag: Reliable
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Construction Expert Barred from Testifying on Established Damages
The case arises from Belmere, L.P.’s claim that Steadfast Insurance Company failed to timely and adequately pay it proceeds due under its commercial lines policy after Belmere invested $26 million of its own funds to repair a 249-unit apartment complex in Houma, Louisiana that it alleged suffered “catastrophic damage” during Hurricane Ida. Through its lawsuit, Belmere…
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Obstetrics and Gynecology Expert’s Testimony on Mesh Porosity and Stiffness Admitted
Connie Thacker is one of tens of thousands of individuals who have filed suit against Ethicon for injuries after treatment with Ethicon’s pelvic mesh devices. Thacker filed a motion asking the Court to preclude defense expert Dr. Salil S. Khandwala from offering testimony on certain subjects. Obstetrics and Gynecology Expert Witness Dr. Salil Siddhartha Khandwala…
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Digital Forensics Expert’s Analysis of Website Activity Considered Relevant
This is a copyright infringement action filed by CoStar Group, Inc. and CoStar Realty Information, Inc. (collectively, “CoStar”) in September 2020 against Commercial Real Estate Exchange Inc (“CREXi”). CoStar is a company that provides commercial real estate (“CRE”) information, analytics, and online property listing marketplaces. It owns and operates LoopNet.com, a digital marketplace platform for…
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Hospitality Expert’s Testimony on Corporate Structure Excluded
The Plaintiffs had purchased timeshares at the Westgate Smoky Mountain Resort. They alleged that the Defendants, comprising various entities linked to the resort, operated a high-pressure sales scheme. According to the Plaintiffs, this scheme persuaded prospective buyers to invest in the vacation timeshare program without properly disclosing critical and legally mandated information. In June 2020,…
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Marketing Expert’s Testimony on Consumers’ Perceptions Admitted
This case centered on a trademark dispute involving the mark IDHAYAM, which means “heart” in Indian languages and was used in connection with sesame oil sales. Defendant Meenakshi Overseas LLC sold sesame oil under the IDHAYAM name and held a federal trademark registration for it. Plaintiff V.V.V. & Sons Edible Oils Limited, who also marketed…
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Risk Management Expert’s Conclusions about IBM’s Internal Capabilities Excluded
Plaintiff Gerald Hayden brought claims against Defendants International Business Machines Corporation (“IBM”), Pablo Suarez, and Shanker Ramamurthy, under the federal Defend Trade Secrets Act (“DTSA”) and for violating New York’s prohibition on the misappropriation of trade secrets. Prior to joining IBM in 2015, Plaintiff developed a “methodology to construct an architecture for a digital platform,”…
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Accident Reconstruction Expert’s Opinion on Crew’s Inadequate Response Admitted
Plaintiff Sky Jet sought economic damages related to the destruction of the left engine of its 1996 Beech 1900D aircraft. Defendant VSE overhauled an engine part called a fuel control unit (“FCU”). Sky Jet claimed that the fuel control unit malfunctioned during two attempts to start to the aircraft, causing elevated internal engine temperatures, also…
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Biomechanics Expert’s Subjective Assurances do not Establish Admissibility
This case arises from a January 2023 automobile accident. On April 16, 2023, Plaintiff Gina Martin was driving eastbound on Interstate I-10, nearing the Chef Menteur exit in New Orleans, Louisiana, when Defendant Micah Cunningham crashed his truck into the rear of Martin’s vehicle. Martin alleged that she suffered various severe injuries as a result…
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Anesthesiology Expert Barred from Testifying About Alleged Strip Search
The claims against La-Norma Ramirez and Washington County stem from Plaintiff Danyale Blackmore’s booking and release at the Washington County Jail. Blackmore alleged that her constitutional rights were violated when she was allegedly strip-searched at the Jail. Defendant sought to exclude or limit at trial the testimony of Plaintiff’s expert, Dr. Scott Allen. Anesthesiology Expert…
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Lost Wages Expert’s Commission Calculations Admitted
Jenessa Dubey was employed by Concentric Healthcare Solutions, LLC from August 2016 until her termination on December 2, 2021. She has filed a lawsuit against Concentric and Robert Bales, alleging sex-based discrimination, sexual harassment, and unpaid wages. The case focuses on Dubey’s claims that, over several years, Bales engaged in conduct that created a hostile…
