Tag: summary judgment
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Insurance Expert Witness’ Testimony Interpreting Contract Language Rejected
A district judge in Indiana held that it did not require an insurance litigation expert’s assistance to interpret contract language considering no party in this case appeared to dispute the actual language of the policy. Plaintiff Brenda Marie Stephens is a real-estate appraiser and is the President of Plaintiff Accent Consulting Group (collectively, “Ms. Stephens”). Ms.…
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OSHA/Workplace Safety Expert Witness’ testimony on alternate repair method admitted
This case arises from an incident at Darling’s plant in Kuna, Idaho. Darling is an animal processing company headquartered in Texas, with operations in several states including Idaho. Reymundo Cruz was employed as a maintenance worker at the Kuna plant in 2020 when he was fatally injured while repairing a machine called a “cow pusher”…
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Marketing Expert Testimony admitted, case stayed for clarification
Plaintiffs are 31 professional models, actresses, and social media influencers who each earn a living promoting and licensing their image, likeness, and/or identity (collectively, “Image”) to select clients, commercial brands, and media and entertainment outlets, which rely on Plaintiffs to promote, endorse, and sponsor agreed-to goods and services. Plaintiff filed a lawsuit against Orange Lantern,…
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Market Research Expert Witness Opinions on Deceptive Labeling Rejected
Tom’s a wholly-owned subsidiary of Tom’s of Maine Holdings, Inc., which, in turn, was a wholly-owned subsidiary of Colgate. Tom’s specialized in manufacturing personal care products, such as toothpaste and deodorant. The company marketed numerous toothpaste flavors and deodorant varieties as “natural”, which included 34 toothpaste flavors and 17 deodorant varieties, all of which were…
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Court limits the testimony of Chemical Engineering Expert Witness after it is found to consist of an improper legal opinion
This case arose from a fire at the vacant home of Richard F. Vetter and Bryan Miner (collectively, “Plaintiffs”) on March 9, 2021. The Plaintiffs were renovating their home and had applied Varathane Classic Wood Stain, manufactured by Defendant Rust-Oleum Corporation, to their wood floors. After applying the stain, they left the applicators saturated in…
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Testimony of Insurance Coverage Expert Witness found to be connected to existing data only by her ipse dixit
The case involved a dispute over insurance coverage concerning damages resulting from a roof leak in a residential property. Great Lakes Insurance SE, the Defendant, denied the Plaintiff’s claim, contending that the leak stemmed from rot, wear and tear, and an accumulation of pine needles—causes not covered under the policy. The crux of the matter…
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Court rejects the Firearms Expert Witness’ conclusions with regard to the possibility of the revolver firing without a trigger pull in product liability case
Freedom Arms manufactured the Model 83 Revolver, a single-action handgun firing a .454 Casull cartridge, designed for defense against large animals. This revolver incorporated a manual safety feature to prevent accidental discharge. The accompanying manual, available online or through various channels, contained numerous warnings against mishandling and provided explicit instructions on using the safety features.…
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Court excludes the testimony of Mining Engineering Expert Witness for not being of sufficient assistance to the trier of fact in determining whether the coal was mineable or merchantable
This legal dispute stemmed from American Carbon Corporation (ACC) allegedly breaching a lease granting exclusive mining rights for coal owned by Big Sandy in Pike County, Kentucky. ACC was allowed to mine the “Demised Coal,” defined as mineable and merchantable coal within the property boundaries. In return, ACC was obligated to diligently mine, pay royalties,…
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Experts are free to rely upon the opinions of other experts; Court limits the testimony of the Chiropractic Expert Witness on account of drawing impermissible conclusions
This case arises from a stroke allegedly caused by a chiropractic adjustment performed by Dr. Frederick Stinner. In February 2015, Justin Brutosky began experiencing chronic back, neck, and head pain. To treat these issues, he periodically saw Stinner, a chiropractor at Madison Avenue Chiropractic Center. From early 2015 to September 17, 2018, Stinner performed 39…
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Court rejects expert testimony on unfair trade practices and consumer expectations regarding deodorants and antiperspirants; Closes Case
The Court granted Unilever’s motion to exclude expert testimony on unfair trade practices and consumer expectations regarding deodorants and antiperspirants after finding deficiencies in both the experts’ facts, data, and methodology. The sample sizes were too small and the data was ambiguous and incomplete. The testing methodology also yielded unpredictable results. Consumer expectations relevant to…
