Tag: Rule 26
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Experts are entitled to a reasonable fee despite objections to the admissibility of their opinions
In February 2016, Plaintiffs-Appellants Scott Miller and Michael Spaulding, two Seattle Police officers, fatally shot Che Andre Taylor, a Black man, as they tried to arrest him. Four days after the shooting, Defendant-Appellee Kshama Sawant, then a member of the Seattle City Council, told a crowd of protestors in front of the Seattle Police Department…
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Economics Expert Witness’ Report ran afoul of Rule 26 Requirements
Plaintiff, a long-time employee of Chevron, filed his First Amended Complaint on August 22, 2023 and alleged that Chevron’s Pascagoula Refinery had been marred by racism and sexism, that his contributions to the company exceeded his compensation, and that “discriminatory practices have prevented him from being promoted.” The issue before the Court is whether the…
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Construction Expert Witness’ Deposition Testimony deemed “Incomplete and Inconclusive”
This action stems from a trip and fall incident that occurred on July 19, 2019, while Plaintiff, Carolyn Simmons was walking and tripped along a dangerous and defective sidewalk located in front of Rite Aid in Ridgeland, South Carolina. The Defendant, Rite Aid of South Carolina, Inc., Walgreens, and Sitaras and Tzioros Properties, Inc., (hereafter…
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Law Enforcement Expert Witness’ Supplemental Report on Deviation from Police Practices Admitted
Plaintiff Kevin Strickland filed this lawsuit against the Kansas City, Missouri, Board of Police Commissioners and five Kansas City police officers for alleged unconstitutional conduct that resulted in his wrongful conviction. On June 21, 2024, Plaintiff issued its police practices expert, Russell Fischer’s supplemental report. The supplemental report is 2.5 pages long, and the revisions are…
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Accident Reconstruction Expert Witness’ Testimony Admitted despite his Alleged Disregard of the Evidence
This Federal Tort Claims Act (FTCA) case arises out of an accident that occurred on January 5, 2021 between Plaintiff Avery Stinson and a U.S. Postal Service tractor-trailer driven by Stewart Henry. When the accident occurred, Plaintiff was operating a bicycle on a sidewalk and attempting to cross an intersection. At the same time, a…
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Testimony of Life Care Planning Expert Witness Admitted Despite Claims of Rule 26 Deficiencies
The first-party lawsuit originated from a collision involving multiple vehicles on May 2, 2017. Plaintiffs Steve Watkins (“Mr. Watkins”) and Lisa Watkins (“Ms. Watkins”) were traveling in a vehicle in Harris County, Texas, when they were struck from behind and pushed into the vehicle in front of them. They were in the process of taking…
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Psychology Expert Witness’ Depression Diagnosis Upheld
Plaintiff Duane Anthony Beyenhof alleged that his former employer Defendant Schwan’s Consumer Brands, Inc. (“Schwan’s”) wrongfully terminated him in retaliation for reporting illegal activity at work and because of his age. Schwan’s claimed he was terminated for not wearing a seatbelt in violation of Defendant Schwan’s Consumer Brands, Inc.’s (“Schwan’s” or “Defendant”) zero tolerance Seat…
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Court rejects the opinions of Environmental Engineering Expert Witness citing Lack of Demonstrable Testing or Modeling based specifically on Mining Sites
Blackhawk Mining, LLC and Pine Branch Mining, LLC (“the Mining Companies”) had operations in Breathitt County, Kentucky. Between July 25 and July 30, 2022, communities across eastern Kentucky suffered historic rainfall that led to “one of the most significant, deadly floods” in the Commonwealth’s history. The floods resulted in significant damage to property and the tragic…
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Court rejects estimates proffered by the Construction Expert Witness citing credibility concerns
This lawsuit originated from the damage Hurricane Laura caused to First United Pentecostal Church of DeRidder (FUPC), a church in DeRidder, Louisiana, on August 27, 2020. Throughout the relevant period, the church was insured under a policy issued by Church Mutual Insurance Company (Church Mutual). Following the storm, FUPC engaged in a contract with Plaintiff…
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Court excludes the testimony of Business Administration and Management Expert Witness citing Violation of Disclosure Obligations
This case involved a dispute between Plaintiffs Toa Trading LLC and MunshiBari LLC and Defendants Mullen Automotive, Inc. and Mullen Technologies, Inc. over an alleged breach of contract. The Plaintiffs claimed that the Defendants failed to pay them a finder’s fee as required by an agreement between the parties. The Defendants argued that they were…