Tag: Reliable
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Credit Reporting Expert Witness’ Testimony About Actual Damages Sustained by Plaintiff Excluded
Plaintiff, Noah Ford rented an apartment in Colorado. He signed a Lease Agreement and additional lease documents and moved into the apartment on or about September 3, 2020. On or about July 4, 2021, Ford signed another Lease Agreement and additional lease documents to rent the same apartment for an additional year, for the period…
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Obstetrics and Gynecology Expert Witness Barred from Testifying About Plaintiff’s Expressed Desire for Cesarean Delivery
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for…
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Obstetrics and Gynecology Expert Witness’ Opinions Admitted Because they Pertain to the Issue of Medical Standard of Care
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for…
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Trucking Expert Witness’ Testimony About Negligent Training Excluded
This action arises out of a motor vehicle accident between an automobile driven by Philnelius Snow and a tractor-trailer owned and operated by Charles Bailey Trucking (“CBT”)and driven by its employee, Travis Hickey. Plaintiff alleged two causes of action against CBT: 1) respondeat superior for the negligence of its employee, and 2) direct claims of negligence against…
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Maritime Safety Expert Witness’ Testimony on Metal Grating Admitted
Plaintiff Kevin McCray worked as a longshoreman for his employer, Houston Terminal LLC, on the MV Maersk Tennessee. The MV Maersk Tennessee, a container ship, was owned and operated by Defendant Maersk Line Limited. On February 28, 2023, McCray worked in Bay 30 with his co-worker, Manuel Maldonado, for about 1.5 to 2 hours. McCray…
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Automotive Industry Expert Witness’ Testimony about the Legitimacy of the Investment and Business Practices Excluded
Plaintiff filed this lawsuit to recover the $425,000 investment it made into the corporate Defendant, No-H20 USA, Inc., which was the product of fraudulent misrepresentations made by Defendant O’Brien both verbally and in writing pertaining to the Company’s performance and ownership of critical intellectual property. O’Brien was at all material times the CEO of the…
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Environmental History Expert Witness’ Testimony About the Original Parties’ Motivations Admitted
Plaintiffs Box Elder Kids, LLC filed a class action lawsuit against Defendants Anadarko Petroleum Corporation, Anadarko E & P Onshore, LLC, and other associated entities alleging a breach of Surface Owner Agreements (SOAs). These agreements obligated Anadarko, as successor to Union Pacific Land Resources Company, to pay a percentage of the value from oil, gas,…
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Vocational Rehabilitation Expert Witness’ Testimony about Reasonableness of Employment Termination Excluded
Plaintiff, the Equal Employment Opportunity Commission (“EEOC”), filed suit against Defendant, the Defender Association of Philadelphia, alleging that the Defender Association failed to provide “M.P.” with a reasonable accommodation for her disability and terminated her employment in violation of the Americans with Disabilities Act (“ADA”). EEOC filed a motion to exclude the Defender Association’s expert,…
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Testimony of Accounting Expert Witnesses Admitted Despite Using a Different Form of Calculation
This case arises out of a fee dispute between Defendant, CMR Construction & Roofing, LLC and Plaintiff, Crescent City Remodeling, LLC. CMR contracted Crescent to perform remediation work at Tangipahoa Parish School Board buildings following Hurricane Ida. Crescent later alleged that CMR breached the parties’ Joint Work Agreement by failing to compensate Crescent for its…
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Class List Prepared By Consumer Protection Expert Witness Using Standard Data Analysis Techniques Admitted
Congress enacted the Telephone Consumer Protection Act (TCPA) to mitigate intrusive telemarketing practices. The TCPA “prohibits calls to numbers on the national Do-Not-Call registry [“NDNCR”].” To help combat telemarketing calls to numbers on the NDNCR, a database that lists the telephone numbers of individuals who have requested that telemarketers not contact them, the TCPA created…
