Tag: Rule 702
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Emergency Medicine Expert Witness’ Opinions on the Safety and Efficacy of the COVID-19 Vaccine Excluded
Plaintiff Shane Goff filed a religious discrimination lawsuit against his former employer, PeaceHealth (Defendant), alleging that PeaceHealth failed to reasonably accommodate his religious opposition to receiving a COVID-19 vaccine. PeaceHealth defended its actions, asserting that it had provided reasonable accommodations and that continuing to employ Goff without vaccination would have created an undue hardship on…
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Accounting Expert Witness Reliably Calculates Damages Measure by Reasonable Royalties
This is a trademark infringement case involving the trademarked phrase “Freedom Pop”. Plaintiff Proccor Pharmaceuticals, Inc. (“Proccor”) contended that Defendant GAT Sports infringed upon its alleged trademark for a “Freedom Pop” flavored Pre-Rx pre-workout supplement. GAT Sports essentially argued that the phrase was used in a non-trademark, descriptive, way to describe the flavor of its…
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Law & Legal Expert Witness’ Testimony Excluded Despite Her Experience Assessing the “Cognitive Abilities” of Adults
This case is an interpleader action to determine the rightful beneficiary of a $114,000 life insurance policy. The dispute centers around whether Gary Lee Alexander (“Gary”) had the capacity to execute a change in beneficiary designation on September 3, 2020, and whether Defendant Marcia Gayle (Gayle) unduly influenced Gary to make that change. In response,…
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Intellectual Property Expert Witness’ Testimony Admitted Because it Does Not Invoke the Entire Market Value Rule
Plaintiff Wireless Alliance, LLC (“Plaintiff” or “Wireless Alliance”) brought allegations against Defendants AT&T Mobility LLC, AT&T Services, Inc., and AT&T Corp. (“Defendants” or “AT&T”). Wireless Alliance asserted that AT&T infringed on several United States patents concerning enhancements to cellular networking systems. The patents in question include United States Patent No. 9,144,106 (the “‘106 patent”), Patent…
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Court Accepts Latent Fingerprint Expert Witness’ Analysis Despite the Subjective Nature of Comparing Prints
On August 14, 2022, a man dressed in black and wearing a camouflage baseball hat entered a Ross store on Coors Blvd. He approached the cash register with a box of tweezers but, instead of paying, allegedly pulled out a handgun and demanded money from two cash registers at the front of the store. After…
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Human Resources Expert Witness’ Testimony About Retaliation Excluded
Carol Stepien is a former employee of the National Oceanic and Atmospheric Administration (“NOAA”) in Seattle. She worked at the Pacific Marine Environmental Laboratory (“PMEL”), a lab within NOAA, an agency in the Department of Commerce. She contended that NOAA had discriminated against her based on her sex and age, subjected her to a hostile…
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Automotive Mechanics Expert Witness’ Testimony Rejected Because it is Based Solely on her Experience
On December 31, 2021, Plaintiffs and Defendant entered a Stock Purchase Agreement (SPA) whereby Plaintiffs purchased all the issued and outstanding shares of 411 Flash Corporation (“Company”) from Defendant. Plaintiffs alleged Defendant breached Section 4.09 of the SPA because the repairs made to these vehicles went beyond “ordinary, routine maintenance and repairs” and they were…
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Opinions of Walkway Safety Expert Witness on Hazard and Standard of Care Excluded
Plaintiff Logan Demboske (“Demboske”) alleged in this premises liability action that he slipped and fell on or about January 30, 2023, on “a transitory foreign substance.” Demboske has retained David Collette as a walkway expert. In Collette’s expert report, he contended that Demboske slipped and fell on a liquid contaminant on a vinyl floor, coated…
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Court admits the opinions presented by the Defense Medical Expert Witnesses after analyzing the Plaintiff’s Medical Records
This case involved a personal injury lawsuit filed by Plaintiff, Morgan Fitch against her employer, Defendant, BNSF Railway Company (BNSF), under the Federal Employers’ Liability Act (FELA). On February 28, 2020, the Plaintiff was fulfilling her duties as a conductor for the Defendant, engaged in the transportation of a train from Minot, North Dakota to…
