Tag: Reliable
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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…
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Metallurgical Engineering Expert Was Not Allowed to Testify About the “Expected” Performance of Golf Clubs
This is a products liability action involving a Callaway Rogue X 5 Iron golf club with a True Temper XP95 shaft that fractured. Plaintiff alleged that the shaft cut his finger and broke his index-finger bone on his right hand. It is undisputed that True Sports manufactured the shaft of the Five Iron. Joseph P. Crosson…
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Construction Expert’s Opinions Regarding the Rebuilding Costs Admitted
On March 4, 2023, Plaintiff Jane Randall’s son, Christian Randall, set fire to her home on Lady’s Island in Beaufort, South Carolina. On January 26, 2025, Plaintiff identified David Johnson as an expert general contractor to testify regarding the extent of damage to Plaintiff’s home and the need to demolish and rebuild the property at…
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Engineering Expert’s Testimony on Metal Roofing Degradation Admitted
This case is a breach of good faith and fair dealing and breach of contract due to Defendant CSAA General Insurance Company denying Plaintiff George Richardson’s roof damage claim that occurred on September 23, 2023. Defendant filed a Daubert motion to exclude the testimony of Plaintiff’s expert witness, Michael Pruitt. Engineering Expert Witness Michael Pruitt,…
