Tag: Reliable
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Retail Safety Expert’s Testimony Regarding the Duty of Care and Breach Excluded
Plaintiff William Ramsey was allegedly injured while visiting the Defendant’s store in Somerset. As a result, the Plaintiff filed a premises liability cause of action against Defendant, Lowe’s Home Centers, LLC. Plaintiff relied on the testimony and opinions of Keven Moore. According to Moore, “Defendant did not fulfill the requisite duty of care to safeguard Plaintiff…
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Mechanical Engineering Expert’s Testimony on the Mechanical Interlock Design Admitted
While preparing a roast in her Magic Chef 7-in-1 Multicooker, Tarsha Allgood was injured when the device’s lid opened causing its “scalding hot contents to be forcefully ejected from the pressure cooker.” Allgood filed this lawsuit against CNA International, Inc. d/b/a MC Appliance Corporation raising claims under North Carolina law for inadequate warning, inadequate design,…
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Law Enforcement Expert’s Testimony on the Unique Overdose Risk of Fentanyl Excluded
David James Michael Jensen is charged in an eight-count Superseding Indictment with five counts of Unlawful Possession of a Firearm, one count of Possession of Controlled Substances with Intent to Distribute (methamphetamine and fentanyl), one count of Carrying a Firearm During and in Relation to a Drug Trafficking Crime, and one count of Possession of…
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Neurology Expert’s Testimony on Postoperative Complications Excluded
This medical malpractice action is brought by Gladys Torres-Correa (“Plaintiff”) against Instituto de Ojos y Piel, Inc. and Dr. Miguel Santiago García, along with several unnamed insurers. After undergoing ophthalmic surgery performed by Defendants, Plaintiff allegedly developed a series of complications. Consequently, Plaintiff claimed that those complications were caused by Defendants’ negligence. To prove her…
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Road Safety Expert’s Testimony on Disability Discrimination Admitted
Plaintiff Gabriel Brandon Garzaa, a current part-time preloader and temporary cover driver, sued United Parcel Service Inc., alleging disability discrimination based on its failure to promote him or provide reasonable accommodations because of his disability. Garza asserted that UPS’ refusal to hire Garza in a Driver position is based on UPS’ written policy against hiring…
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Marketing Expert’s Testimony on Review Hijacking Limited
The present action stems from Plaintiff ML Products, Inc. (“ML Products”) and Defendants BillionTree Technology USA, Inc. (“BillionTree”) and Mountain Peak, Inc. (“Mountain Peak,” collectively, “Defendants”) competing for sales on Amazon.com where Defendants allegedly employed fraudulent tactics. Specifically, ML Products asserted claims of violations of the Lanham Act, false advertising, and unfair competition against Defendants.…
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Geriatrics Expert’s Cause-of-Death Opinion was Deemed Reliable
James Dean Bloomer, as the surviving child of decedent James Wright Bloomer; and the Estate of James Wright Bloomer, through James Dean Bloomer Jr. as Administrator of the Estate, brought this action against Defendants HMG Park Manor of Westwood, LLC and HMG Services, LLC. Plaintiffs alleged wrongful death and survival claims under Kansas law arising…
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Packaging Expert’s Testimony on Compression Failure Limited
Plaintiff Tricia McFee asserted a negligence claim against Defendant BJ’s Wholesale Club, Inc. (“BJ’s”) under New York law, arising from a slip-and-fall accident in the bottled water display area on August 20, 2020, while she was at a BJ’s club in Brooklyn, New York. Defendant filed a motion to exclude the testimony of Sterling Anthony,…
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Architecture Expert’s Testimony Regarding the Mat’s Condition Excluded
In December 2022, Carole Daniel (“Ms. Daniel”) tripped on a floor mat and fell inside a Phenix City, Alabama Dollar General retail store (“Dollar General”). Ms. Daniel suffered injuries and later sued Dolgencorp, LLC (“Dolgencorp”), the corporate entity operating the Dollar General. On June 15, 2024, Ms. Daniel passed away. Ms. Daniel’s husband, Ralph Daniel…
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Economics Expert’s Testimony on Prime Enrollments and Cancellations Admitted
The Federal Trade Commission contended that Amazon tricked, coerced, and manipulated consumers into subscribing to Amazon Prime. According to the FTC, this was accomplished by failing to disclose the material terms of the subscription clearly and conspicuously and by failing to obtain the consumers’ informed consent before enrolling them. The FTC also alleged that Amazon…
