Tag: Reliable
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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,…
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Toxicology Expert’s Testimony on Gasoline Exposure Admitted
Plaintiff Ashley Adams, the widow of Lonnie Adams filed suit against E-Z Mart, a gas station and convenience store, after Mr. Adams died while working in an underground tank sump on E-Z Mart’s property. Defendant and Third-Party Plaintiff, Yates Group, Inc. f/k/a E-Z Mart Stores, Inc. filed a Rule 702 motion to limit Dr. Ian McIntyre‘s…
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Internal Medicine Expert’s Testimony on a Syncopal Episode Admitted
On June 3, 2020, Matthew Vomero was driving a tractor trailer when his vehicle crashed into a building insured by Travelers Home and Marine Insurance Company (“Travelers”). At the time of the accident, Vomero was acting in the course and scope of his employment with U.S. Xpress. The parties dispute whether Defendants have presented admissible…
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Construction Expert Was Not Allowed to Opine on Repair Costs
On August 27, 2020, Hurricane Laura made landfall in Southwest Louisiana. In the original complaint, The Pentecostal Church of DeQuincy (“TPCD”) alleged that it sustained damage from the Hurricane, and that Church Mutual has underestimated the cost of repairs. The five (5) buildings considered as “Covered Property” at issue in this litigation are identified as…
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Construction Expert Allowed to Opine on Repair Estimates
This matter involves an insurance claim for damages associated with hurricane Laura. On or about September 16, 2020, Plaintiff, The Pentecostal Church Of Dequincy (“TPCD”) retained a public adjuster, Chris Tremaine. Tremaine worked with Church Mutual’s field adjuster, Trey Johnson, to schedule a joint inspection of TPCD’s campus on September 30 and October 1, 2020.…
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Petroleum Engineering Expert’s Testimony on Offshore Rig Operations Admitted
This matter concerns an incident aboard the Valaris 144 while the vessel was performing offshore drilling services in the Gulf of Mexico off the Louisiana coast. Caleb Kittrell worked as a roustabout for Ensco Offshore on board the vessel owned by Rowan Offshore Luxembourg. On December 27, 2023, Kittrell was instructed to disconnect a jet…
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Accounting Expert Was Allowed to Opine on the Lease Auditing Process
600 Cleveland owned a commercial office building located at 600 Cleveland Street, Clearwater, Florida 33601 from September 9, 2013, to April 1, 2024. Bank of America, N.A. (BANA) and 600 Cleveland assumed a lease agreement originally entered into by other parties on December 1, 1986, and both were bound by the agreement. This lawsuit arises…
