Tag: Reliable
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Correctional Healthcare Expert Not Allowed to Opine on Physical Symptoms
This action arises from the death of Gregory Neil Davis while he was incarcerated as a pretrial detainee at the Oklahoma County Detention Center. Plaintiff, as special administrator of the estate of Davis, alleged that numerous Jail and Medical Defendants acted with deliberate indifference to Davis’ serious medical needs in violation of the Fourteenth Amendment…
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Accounting Expert Was Not Allowed to Opine on Damages to Uninsureds
This case centers on a landslide that occurred in May 2017 in the Cincinnati neighborhood of Mount Adams. At the time of the landslide, Plaintiff Metropolitan Design & Development, LLC (“MDD”) was insured under a commercial liability policy with Defendant Frankenmuth Mutual Insurance Company (“Frankenmuth”). MDD performed construction work in the vicinity of the landslide…
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Neurology Expert’s Legal Theories Excluded
J. M. was diagnosed with epilepsy in sixth grade. His condition was treated with multiple medications, but he continued to have breakthrough seizures. Sam’s Law (HB 684) requires all Texas public school personnel to be trained in the recognition of seizures and providing seizure first aid. On August 24, 2022, J. M. had a seizure…
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Civil Engineering Expert Was Not Allowed to Opine on the Cause of Fall
On August 20, 2019, Plaintiff Martin J. Benzing visited a construction site on the Bruckner Expressway. During the visit, he climbed down a ladder and suffered a head injury. This case concerns the cause of Benzing’s injury and which entities bear responsibility for any damages Benzing suffered. Benzing and his wife, Annastacia Benzing, alleged that…
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Corrections Expert’s Standard of Care Testimony Admitted
Terri Beth Mays died on November 4, 2021, while she was an inmate at the Whitley County Detention Center. Her Estate (“Mays’ Estate”) alleged that Jail personnel, nurses, and medical providers were responsible for ensuring her health and safety while she was in their custody, yet they failed to address her obviously serious medical needs…
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Hospitality Expert Was Allowed to Opine on Guest Safety
Plaintiff was a guest at Defendant’s beachfront hotel in Miramar Beach over the Fourth of July holiday weekend in 2024. Defendant owned the dry sand portion of the beach in front of the hotel, and it rented chairs and other concessions to hotel guests using the beach. On the morning of July 6, Plaintiff entered…
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Marketing Expert Allowed to Opine on Deception
The Federal Trade Commission (“FTC”) alleged that Defendant Doxo’s website and ads were confusing to some consumers and that Doxo committed certain technical disclosure violations. Federal Trade Commission filed motions to exclude Plaintiff’s expert witnesses, David True, Ann Schlosser and Brian Sowers. Payments Expert Witness David True is a consumer payments expert with over 35…
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Expert Testimony on Marine Docks Admitted
This matter arises from an allision on December 7, 2022, while the tug M/V BURRWOOD WISE was maneuvering a crane barge, the ALEX G, at a docking facility owned by Atalco. During this maneuver, the ALEX G made contact with a dock. An employee of Defendant, Gnots Reserve, Inc., was operating the tug. Atalco brought…
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Sexual Abuse Expert Allowed to Opine on School Policies
This case arises out of Plaintiff Jane Doe’s claims for child sexual abuse against a well-known, Rhode Island-based boarding school, Portsmouth Abbey School, the institution that hired and retained Plaintiff’s abuser, Michael Bowen Smith (“Smith”). Plaintiff attended Portsmouth Abbey from September 2010 to May 2014. In December 2020, Plaintiff filed a complaint against Portsmouth Abbey…
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Plant Pathology Expert Allowed to Opine on HLVd Infection
Plaintiff is a Delaware limited liability business suing multiple individuals and related trusts for securities fraud arising out of a transaction in which Defendants allegedly induced Plaintiff to purchase over $25 million of Devi Holdings stock through fraudulent misrepresentations about Devi’s financial condition and unpaid tax liabilities. Devi Holdings was a business engaged in engaged…
