Tag: Reliable
-
Automotive Industry Expert Witness’ Testimony about the Legitimacy of the Investment and Business Practices Excluded
Plaintiff filed this lawsuit to recover the $425,000 investment it made into the corporate Defendant, No-H20 USA, Inc., which was the product of fraudulent misrepresentations made by Defendant O’Brien both verbally and in writing pertaining to the Company’s performance and ownership of critical intellectual property. O’Brien was at all material times the CEO of the…
-
Environmental History Expert Witness’ Testimony About the Original Parties’ Motivations Admitted
Plaintiffs Box Elder Kids, LLC filed a class action lawsuit against Defendants Anadarko Petroleum Corporation, Anadarko E & P Onshore, LLC, and other associated entities alleging a breach of Surface Owner Agreements (SOAs). These agreements obligated Anadarko, as successor to Union Pacific Land Resources Company, to pay a percentage of the value from oil, gas,…
-
Vocational Rehabilitation Expert Witness’ Testimony about Reasonableness of Employment Termination Excluded
Plaintiff, the Equal Employment Opportunity Commission (“EEOC”), filed suit against Defendant, the Defender Association of Philadelphia, alleging that the Defender Association failed to provide “M.P.” with a reasonable accommodation for her disability and terminated her employment in violation of the Americans with Disabilities Act (“ADA”). EEOC filed a motion to exclude the Defender Association’s expert,…
-
Testimony of Accounting Expert Witnesses Admitted Despite Using a Different Form of Calculation
This case arises out of a fee dispute between Defendant, CMR Construction & Roofing, LLC and Plaintiff, Crescent City Remodeling, LLC. CMR contracted Crescent to perform remediation work at Tangipahoa Parish School Board buildings following Hurricane Ida. Crescent later alleged that CMR breached the parties’ Joint Work Agreement by failing to compensate Crescent for its…
-
Class List Prepared By Consumer Protection Expert Witness Using Standard Data Analysis Techniques Admitted
Congress enacted the Telephone Consumer Protection Act (TCPA) to mitigate intrusive telemarketing practices. The TCPA “prohibits calls to numbers on the national Do-Not-Call registry [“NDNCR”].” To help combat telemarketing calls to numbers on the NDNCR, a database that lists the telephone numbers of individuals who have requested that telemarketers not contact them, the TCPA created…
-
Obstetrics and Gynecology Expert Witness’ Testimony About Medical Necessity of Certain Procedures Performed Admitted
In this defamation lawsuit, Plaintiff Mahendra Amin (“Amin”), a doctor, alleged that Defendant Nbcuniversal Media, LLC aired several broadcast segments on MSNBC which included multiple false and defamatory statements about Amin and his medical treatment of detainees at Irwin County Detention Center (ICDC). To support his case, Amin retained Eldridge Bills to review the medical…
-
Mortgage Lending Expert Witness’ Testimony Regarding Deviation from HUD Standards Limited
On November 22, 2019, Plaintiffs Alfredo and Chelsie Dominguez (“collectively “Plaintiffs” or “Dominguez”) refinanced their manufactured home with Wallick & Volk, working with loan originator and W&V employee, Christina Bingham. In February 2020, W&V sold the loan and transferred servicing to The Money Source, Inc. (“TMS”). Nine months later in November 2020, Plaintiffs’ hazard insurance…
-
Testimony of Economics Expert Witness Excluded Because of his Inability To Produce a Coherent Model
Plaintiffs brought an antitrust lawsuit against Defendants, asserting that Defendants entered a set of agreements with each other and their broadcast partners that suppressed the output of telecasts of out-of-market professional football games, resulting in higher prices for Sunday Ticket. Since Judge Philip Gutierrez decided the opinions provided by the Plaintiffs’ expert witnesses regarding financial…
-
Orthopedic Surgery Expert Witness’ Opinion on Alleged Personal Orthopedic Injuries Admitted
Plaintiff Rickie Russell, Jr. (“Russell) alleged that, on August 13, 2021, Terry Delmer Prater (“Prater”) crashed an 18-wheeler truck into Russell’s roadside work crew Russell claimed he was pinned between two vehicles and suffered serious injuries as a result of that motor vehicle collision. Russell brought suit against Defendants Prater and Big V Feeds, Inc.…
-
Insurance Expert Witness’ Testimony Regarding the Storm Damage and Cost of Necessary Repairs Admitted
This case arises from a claim for wind/hail damage that allegedly occurred on or around December 5, 2021. The damage occurred to Plaintiffs’ property located at 16207 E. 47th Place, Tulsa, Oklahoma. State Farm inspected the home twice and found minor hail damage. State Farm did not observe any hail damage to the roof itself.…