Tag: Reliable
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Finance expert witness excluded since opinion did not rely on specialized or technical knowledge
In February 10, 2023, Defendants, consisting of Varsity Brands, LLC; Varsity Spirit, LLC; Varsity Spirit Fashions & Supplies, LLC and U.S. All Star Federation, filed a Motion to Exclude the Testimony of James H. Aronoff. The motion sought to prevent the admission of Aronoff’s expert testimony, which was disclosed by the Indirect Purchasers, Jessica Jones…
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Court rejects lost revenue calculations proffered by Valuation Expert Witness citing lack of consistency with Missouri contract damages law
This legal scenario revolves around a dispute between newspaper carriers, Bextermueller News Distributors, Inc., and Tom Richards, and the Defendants, Lee Enterprises, Inc., Lee Enterprises Missouri, Inc., Pulitzer, Inc., St. Louis Post-Dispatch, LLC. The carriers had agreements granting them exclusive rights to deliver St. Louis Post-Dispatch newspapers in specified geographic areas. Allegedly, the Defendants breached…
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Court admits the Engineering Methodology employed by the Civil Engineering Expert Witness affirming its consistency with Concrete Construction Industry Practice
Archer Western – de Moya Joint Venture (the “JV”) filed a claim against Ace American Insurance Company (“ACE”), their insurer under a completed value builder’s risk policy, concerning the I-395/S.R. 836 Reconstruction/Rehabilitation Project in Miami, Florida. The claim pertained to bridge components constructed using low strength concrete that failed to meet project specifications. The JV…
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Testimony of Insurance Coverage Expert Witness found to be connected to existing data only by her ipse dixit
The case involved a dispute over insurance coverage concerning damages resulting from a roof leak in a residential property. Great Lakes Insurance SE, the Defendant, denied the Plaintiff’s claim, contending that the leak stemmed from rot, wear and tear, and an accumulation of pine needles—causes not covered under the policy. The crux of the matter…
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Court admits Expert Testimony on the Value of NIL Rights in Broadcasts in this Antitrust Lawsuit
Consolidating separate cases involving student-athletes Sedona Prince, Grant House, and Tymir Oliver, the litigation contested National Collegiate Athletic Association (“NCAA”) regulations limiting student-athletes’ NIL (name, image, likeness) compensation. Plaintiffs alleged antitrust violations, asserting that these rules restrained fair compensation and artificially suppressed NIL prices. In June 2021, the Court dismissed some of Oliver’s claims seeking injunctive…
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Court rejects the Firearms Expert Witness’ conclusions with regard to the possibility of the revolver firing without a trigger pull in product liability case
Freedom Arms manufactured the Model 83 Revolver, a single-action handgun firing a .454 Casull cartridge, designed for defense against large animals. This revolver incorporated a manual safety feature to prevent accidental discharge. The accompanying manual, available online or through various channels, contained numerous warnings against mishandling and provided explicit instructions on using the safety features.…
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Testimony of Civil Engineering Expert Witness found to meet the requisite reliability threshold under Daubert in insurance coverage dispute
The lawsuit originated from a commercial property insurance claim brought by Plaintiff, 285 West 24th Street Family Company, LLC, under a surplus lines insurance policy issued by Defendant, United Specialty Insurance Company. The claim involved both visible and latent damages reported by the Plaintiff, believed to have occurred while the policy was active on May…
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Court admits the testimony of Agriculture Expert Witness after establishing it is not conduit testimony from an expert on a matter outside his field of expertise
This case involved soybean farmers Jerry and Frances Probasco suing agricultural cooperative MFA Incorporated and employee Nick Riihinen for negligence, breach of contract, and breach of warranty after herbicide sprayed on their crops by MFA allegedly killed 162 acres of soybeans. The case was heard in the United States District Court for the Southern District…
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Experts could rely on reliable “other sources” and even hearsay to offer their opinions; Court notes before admitting part of Marketing Expert Witness’ testimony
The lawsuit was a trademark infringement action filed by Forest River, Inc. against inTech Trailers, Inc. It sought injunctive relief, damages, costs, attorneys’ fees, and any other appropriate remedies. The legal action arose from inTech’s knowing and intentional infringement of Forest River’s DELLA TERRA trademark and its mountain design trademark, (“Forest River Mountain Design”) (Forest…
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Court upholds the reliance of Biomedical Engineering Expert Witness on MAUDE data but rejects his opinions on medical causation
Plaintiff Terry Jennings-Moline filed this lawsuit against Defendants DePuy Orthopaedics, Inc. and related Johnson & Johnson entities. The case stems from hip replacement surgery Jennings-Moline underwent in January 2016, when her surgeon, Dr. Douglas McInnis, implanted a Pinnacle hip implant containing an AltrX polyethene acetabular liner (AltrX liner) made by Defendants. In February 2018, McInnis…
