Tag: Reliable
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Expert’s opinion need not rely on admissible evidence to be admissible; Court deems a motion to bar forensic accounting expert witness premature
Justin Guy, a former employee of Absopure where he worked as a driver transporting products within the state of Michigan, had filed a collective action lawsuit on behalf of himself and 25 opt-in Plaintiffs, alleging that Absopure violated the Fair Labor Standards Act (FLSA) by not paying overtime for hours worked in excess of 40…
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Experts are not obligated to present invoices, statements and documents in support of their testimony; Court refuses to exclude the testimony of Finance Expert Witness
Plaintiffs Rearden LLC and MOVA LLC (collectively “Rearden”) sued Defendants The Walt Disney Company and related entities Walt Disney Motion Pictures Group, Inc.; Walt Disney Pictures; Buena Vista Home Entertainment, Inc.; Marvel Studios LLC; Mandeville Films, Inc.; Infinity Productions LLC; and Assembled Productions II LLC (collectively “Disney”) for contributory copyright infringement, vicarious copyright infringement, and…
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Experts cannot base their methods on personal experience unless it is proved to be a sufficient basis; Court excludes expert testimony on the cost of developing alleged trade secrets
This case was between Larada Sciences (the Plaintiff) and Pediatric Hair Solutions (PHS – the Defendant) in the United States District Court for the District of Utah. Larada manufactures devices that use heated air to treat head lice and licenses the devices to head lice treatment clinics. In 2015, Larada and PHS entered into license…
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Experts are free to rely upon the opinions of other experts; Court limits the testimony of the Chiropractic Expert Witness on account of drawing impermissible conclusions
This case arises from a stroke allegedly caused by a chiropractic adjustment performed by Dr. Frederick Stinner. In February 2015, Justin Brutosky began experiencing chronic back, neck, and head pain. To treat these issues, he periodically saw Stinner, a chiropractor at Madison Avenue Chiropractic Center. From early 2015 to September 17, 2018, Stinner performed 39…
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Disagreement among experts regarding methodology does not necessitate exclusion under Daubert; Nursing expert witness testimony on adequate staffing levels survives challenge
This case involved a putative class action lawsuit brought by Plaintiff Gail Parrish against Defendant Gordon Lane Healthcare, LLC (Gordon Lane), which operated a long-term skilled nursing facility where Parrish resided. Parrish, by and through his daughter and successor in interest, Monica Parrish, alleged that Gordon Lane failed to adequately staff the facility in violation…
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Expert Fire Investigator’s testimony determining the point of origin and cause of the fire found reliable
The Court denied a Daubert motion to exclude a fire investigator’s testimony on the origin and cause of a destructive fire. It found the investigator qualified through extensive experience investigating fires. Minor flaws in his analysis provided fodder for cross-examination but did not warrant exclusion. Competing expert conclusions created a battle of the experts for…
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Court limits expert testimony on crash reconstruction and its contributing factors
In this car accident case, the court ruled that accident reconstructionist Leonard Vaughan could testify about the visibility of headlights leading up to the crash based on his experience and review of evidence. However, his opinions that the defendant had a duty to fully stop at the intersection and that his employer was vicariously liable…
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Court confirms the admissibility of the testimony of occupational medicine expert in employment discrimination case
In an Americans with Disabilities Act of 1990 “ADA” discrimination case, the Court denied the Defendant’s motion to preclude expert testimony offered by the Plaintiff opining that certain medical guidelines were outdated. Though the Defendant argued the opinions were unsupported, the Court found the testimony could potentially assist the jury and weaknesses were better addressed…
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Court partly admits the consumer survey research and damages findings presented by the defense experts in trademark infringement suit
In this trademark infringement case over the RED GOLD mark, the court ruled on motions to exclude expert testimony. The Plaintiff, Solid 21, sought to exclude survey findings by the Defendants’ expert Mark Keegan regarding whether consumers identified “red gold” as a brand in ads. The Court denied this motion, finding Keegan qualified and his…
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Court limits treating physician’s testimony pertaining to issues concerning the Plaintiff’s treatment
This case demonstrates the court’s “gatekeeping” role in assessing reliability of expert testimony under Daubert and excluding opinions outside an expert’s direct knowledge and treatment. The decision provides guidance on constraining expert witness testimony to matters firmly within the bounds of the expert’s qualifications and experience.
