Tag: Reliable
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Fire Investigation Expert’s Specific Ignition-Source Opinion Excluded
This subrogation action arises from a fire that occurred on April 10, 2022, involving a dump truck owned by Boggs Transport, Inc. (“Boggs”) and insured by Plaintiff Amerisure Insurance Company (“Amerisure”). The fire began in a parked dump truck identified as Truck No. 863 at Boggs’s facility in Pageland, South Carolina, and spread to four…
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Marketing Expert Was Allowed to Opine on Trademark Dilution
Plaintiffs Hyundai Motor Company and Hyundai Motor America, Inc. (collectively “Hyundai Motor” or “Plaintiffs”) are one of the largest automobile manufacturers worldwide, with vehicle sales in over 150 countries. Defendant Hyundai Technology is a manufacturer and seller of consumer electronics products including tablets, laptop computers/notebooks, desktop computers, monitors, digital storage, cell phones, and accessories. The…
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Survey Research Expert Was Allowed to Opine on Customer Experience
State of Connecticut and Federal Trade Commission, sued Chase Nissan LLC, d/b/a Manchester City Nissan (“MCN) and multiple individuals, alleging that MCN, along with others, acted together to defraud thousands of consumers. The Plaintiffs alleged that the Defendants charged consumers for additional products or services (“addons”) that consumers never agreed to purchase. The Plaintiffs claimed…
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Computer Science Expert Was Allowed to Opine on Minting Activity
Plaintiff Trenton Smith brought claims against Defendant Nelk, Inc. doing business as Nelk or Full Send, Defendant Nelk USA, Inc., Defendant Metacard LLC, Defendant Kyle Forgeard (“Kyle”), and Defendant John Shahidi (“John”) (collectively, “Defendants”) related to Plaintiff’s Metacard purchases. Smith alleged that Defendants made promises regarding the benefits of owning a the Metacard NFT (“Metacard”)…
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Consumer Credit Expert Allowed to Opine on Mixed Files
This case involves alleged violations of the Fair Credit Reporting Act. Plaintiff Ronald Alexander Garcia Delgado claimed that Defendant Experian Information Solutions failed to use reasonable procedures when preparing consumer reports—mixing Plaintiff’s information with his son’s. Plaintiff hired an expert, Douglas Hollon, to help prove his case. Defendant Experian Information Solution, Inc. filed a motion…
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Appraisal Expert’s Testimony on Deceptiveness Excluded
The Plaintiffs in this putative national class action are insureds who filed “total loss” claims for the actual cash value (“ACV”) of their totaled vehicles under their automobile insurance policies sold by State Farm Mutual Automobile Insurance Company or State Farm Fire and Casualty Company (collectively, “Defendants” or “State Farm”). Plaintiffs challenged State Farm’s application…
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Psychology Expert Allowed to Opine on EMDR Therapy
Oriental Trading Company, Inc. (“OTC”) is a retailer of novelties and gifts. Plaintiff Keith Kirksey is an African American male who began his employment with OTC on or about June 1, 2017. According to Kirksey, during his employment, he experienced a series of racially targeted incidents including the placing of a noose in his workspace…
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Polymers Expert Allowed to Opine on PFOS Sources
This case arises out of the contamination of surface waters and drinking water in Chattooga County, Georgia, with per- and polyfluoroalkyl substances known as “PFAS.” In essence, Plaintiff Earl Parris, Jr., alleged that the Defendants have contaminated his water with PFAS. Parris is a resident of Summerville, Georgia, who receives running, potable water to his…
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Valuation Expert Allowed to Opine on Stock Drop
In this defamation action, Plaintiffs Techtronic Industries Company Limited and Techtronic Industries Factory Outlets, Inc. (“Plaintiffs” or “TTI”) sued Defendant Victor Bonilla (“Defendant” or “Bonilla”) for statements made about TTI and its business practices by Bonilla in two reports he authored and published on his website Jehoshaphat Research in February and June 2023. Bonilla filed…
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Accounting Expert’s Testimony on Mitigation Efforts Excluded
This action arises out of a franchise relationship between the Plaintiffs Glenn Misiph and AASK Services, LLC, (together “Plaintiffs”), and the Franchisor Defendants, 360° Painting, LLC, Premium Service Brands, LLC, and Paul Flick (together “Defendants”). Plaintiffs alleged that Defendants engaged in fraudulent misrepresentation through marketing materials and Franchise Disclosure Documents (“FDD”). To support their claims,…
