Tag: Reliable
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Environmental Engineering Expert’s Failure to Consider Mitigation Efforts Renders His Opinions Unreliable
Plaintiffs Tonya Clayton and Hazel Stroble allege that an automobile assembly plant operated by Defendant FCA US LLC (“FCA”) near their homes in Detroit, Michigan (the “Detroit Plant”) emitted noxious odors into their neighborhood. They said that these odors unreasonably interfere with their ability to use and enjoy the residences that they own and depreciate…
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Family Medicine Expert’s Testimony on Medical Facts in the Abstract Admitted
In this personal injury case, Johnathan Mudge sought to recover for injuries allegedly resulting from an automotive collision that occurred on October 5, 2021. Mudge has sued three Defendants in this matter: Riverside Transportation, Inc., Riverside Transport, Inc., and Rena Talton, the driver of the vehicle that collided with Plaintiff’s vehicle. Defendants collectively filed a…
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Marketing Expert’s Use of the Market Approach Methodology Affirmed
Plaintiff FireBlok IP Holdings LLC (“FireBlok”) sued Defendants Hilti, Inc. (“Hilti”) and RectorSeal LLC (“RectorSeal”) (together, “Defendants”) and asserted two separate causes of action under the Lanham Act, False Advertising and False Association, based upon Defendants’ use of the UL Certification mark and FM Approval mark on Hilti’s Firestop Box Insert. The Firestop Insert is…
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Fire Investigation Expert’s Testimony About a Missing Orifice Admitted
On January 21, 2021, a fire destroyed Jacqueline Flynn’s home located at 7618 Craig Court in Orlando, Florida. The Plaintiff purchased a Thermacell Patio Shield on the day of the fire. Since the Patio Shield was the only energized device in use on the balcony at the time of the fire, the Plaintiff filed her…
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Rehabilitation Expert’s Employability Report Partly Admitted
Plaintiff Jean-Claude Franchitti brought retaliation claims against his former employers, Defendants Cognizant Technology Solutions Corp. and Cognizant Technology Solutions U.S. Corporation. More specifically, Franchitti alleged that Cognizant terminated his employment because he spoke out against the company’s unlawful efforts to eliminate experienced non-Indian employees in its workforce, questioned the legality of fraudulent visa applications the…
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Insurance Expert Permitted to Testify Despite Lacking Specific Certifications
Plaintiffs Diane Watts, Anthony Watts, and Adam Pizzitola (collectively, “Plaintiffs”) purchased car insurance policies from Defendants Liberty Mutual Personal Insurance Company. In relevant part, the policies contained an Optional Transportation Expenses Coverage endorsement which provided that, in the event of an accident, LMPIC would pay the expense of a rental vehicle while repairs were performed…
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Business Valuation Expert’s Testimony on Physicians’ Compensation Admitted
Plaintiff State of Washington alleged that Novo Nordisk Inc. (“NNI”) caused physicians to prescribe its drug, NovoSeven®, to Washington hemophilia patients by: (1) promoting it “off-label” for prophylaxis and “high dose” use; (2) paying kickbacks to physicians; and (3) paying bribes to patients, all of which rendered claims to Medicare and Washington Medicaid false. The…
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Fire Investigation Expert’s Opinion on Damage to the Residence Admitted
On January 21, 2021, a fire destroyed Jacqueline Flynn’s home located at 7618 Craig Court in Orlando, Florida. The Plaintiff purchased a Thermacell Patio Shield on the day of the fire. Since the Patio Shield was the only energized device in use on the balcony at the time of the fire, the Plaintiff filed her…
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Internal Medicine Expert’s Testimony Limited Despite His Physician Behavior Experience
Plaintiff State of Washington alleged that Novo Nordisk Inc. (“NNI”) caused physicians to prescribe its drug, NovoSeven®, to Washington hemophilia patients by: (1) promoting it “off-label” for prophylaxis and “high dose” use; (2) paying kickbacks to physicians; and (3) paying bribes to patients, all of which rendered claims to Medicare and Washington Medicaid false. The…
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Defamation Expert’s Testimony on Economic Damages Excluded
Plaintiff Brian Menge, a former police detective with the City of Highland Park, Michigan, brought a claim against Defendant Khursheed Ash-Shafii, a Highland Park city councilman, alleging that Ash-Shafii unlawfully retaliated against him in violation of the First Amendment because of Menge’s successful settlement of a prior lawsuit against the City. The retaliation consisted of…
