Tag: Testing
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Toxicology Expert’s Testimony on Hair Follicle Testing Admitted
Plaintiff Darius Danzy filed this suit against CSX Transportation Inc. in this action under Title VII of the Civil Rights Act of 1964, as amended (“Title VII”) alleging “unlawful employment practices on the basis of race.” Plaintiff’s claims arise out of a pre-employment drug-screening that Defendant administered to Plaintiff through third party drug testing companies,…
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Psychology Expert’s Testimony on the Impact of Decades of Incarceration Admitted
The Plaintiff, Glynn Simmons, was wrongfully imprisoned for nearly 49 years after a 1974 murder conviction and was exonerated in 2023. He filed a civil rights lawsuit seeking damages for the constitutional violations that led to his wrongful conviction and decades of incarceration. As a result, Simmons sued the City of Edmond, the City of…
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Mechanical Engineering Expert Witnesses’ Safer Alternative Forklift Designs Deemed Speculative
Plaintiff Deavrin Sneed (“Sneed”) filed this products liability case against Defendant Crown Equipment Corporation (“Crown”) after a workplace incident involving a Crown RC5500 Series stand-up rider forklift (the “subject forklift”). Crown’s RC5500 stand-up, side-stance forklifts are used to move palleted materials in warehouse facilities. When operating the forklift, the driver stands sideways with their hands on…
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Ophthalmology Expert Witness’ Testimony Not Fully Excluded Because He Understands Color Vision Acuity Testing
Plaintiff Mark Walker (“Walker”) worked as a locomotive engineer for Defendant Union Pacific Railroad Company (“Union Pacific”) from approximately 2005 through 2019. After the Court dismissed Walker’s claim under the Americans with Disabilities Act (“ADA”) alleging failure to accommodate, Walker’s remaining claims allege disparate treatment and disparate impact in violation of the ADA. Walker contends…
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Court Cannot Conclude that Environmental Science Expert Witness’ Opinions Meet the Rule 702 Standard
Plaintiff Utah Physicians for a Healthy Environment’s (“UPHE”) alleged a number of Clean Air Act (“CAA”) and Noise Control Act (“NCA”) violations against Defendants, who are motorcycle dealerships and their owner. At summary judgment, UPHE proffered the expert testimony of Dr. Michael St. Denis. In relevant part, St. Denis opined that a “test motorcycle” purchased…
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Electrical Engineering Expert Witness’ Testimony Admitted Despite Lack of Independent Testing
Raytheon Company (“Raytheon” or “Plaintiff”) is a large, international military and defense contractor holding several prime contracts with the United States Government. At their Fairdale location Raytheon maintains, stores, and services multiple mobile charging stations and storage locations for lithium-ion battery boxes (“LBBs”). The LBB’s were designed and manufactured by Saft but owned by the…
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Human Factors Expert Witness’ Ergonomics Analysis Not Fully Excluded Despite Alleged Lack of Testing
Stephen Ratcliffe has brought a lawsuit against BRP, the manufacturer, and Tidd’s Sport Shop, Inc. (Tidd’s), the dealer, of a 2019 Can-Am Maverick X3, a utility terrain vehicle (UTV), asserting negligence and strict liability claims arising out of an incident in which Ratcliffe’s Maverick X3 rolled onto its side and crushed his arm. The Plaintiff…
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Pain Management Expert Witness’ Testimony About Billing for Medical Examinations Admitted
This matter involves the Plaintiff insurers’ claim that Defendants unlawfully billed for medically unnecessary and illusory services, misrepresented the nature and extent of the services, and operated in violation of various laws specific to the healthcare and/or insurance sector. According to the Plaintiff, Titan Defendants agreed to refer patients to the Stein Defendants in exchange…
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FDA Expert Witness’ Testimony Excluded Because He Did Not Test His Theories
The Plaintiffs — Carmelo Leon and Wanda Leon — brought this action against the Defendants — United Industries Corporation (“UIC”), Spectrum Brands, Inc. (“SBI”), Cutter, and Home Depot U.S.A., Inc. (“Home Depot”) — after Carmelo Leon sustained burn injuries during an incident involving a mosquito-repelling candle manufactured and sold by the Defendants. The Defendants initially moved…
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Design Engineering Expert Witness’ Product Defect Theory held to be Reliable
A district judge in New Jersey decided that a design engineering expert witness could testify about the alleged design defects of the model in question and the risks and possible outcomes of such design defects. On August 19, 2016, William Visakay (“Visakay”) was riding his 2007 Craftsman Lawn Tractor in his backyard when it overturned…
