Tag: Unreliable
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Accident Reconstruction Expert’s Opinions About Visibility and Conditions at the Scene of the Accident Admitted
This case involves a rear-end collision between Plaintiff Tyler Brown’s sedan and a sprinter van driven by Defendant Nikolay Muzyka. The accident occurred during the early morning hours of July 29, 2021. Defendant Muzyka, who was driving in the far right lane, began to slow down as he saw lights from emergency vehicles ahead. As…
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Statistics Expert’s Testimony on Discriminatory Employment Decisions Limited
The Plaintiffs had been employed by the Metropolitan Government of Nashville and Davidson County, Tennessee. They alleged in their lawsuits that, on May 4, 2020, they were either terminated or demoted for discriminatory reasons, and brought claims asserting many of the same legal violations. The Defendants filed two motions to exclude the testimony of Plaintiffs’…
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Insurance Expert Allowed to Testify Regarding Industry Customs and Practices based on Experience
Plaintiff Jose Verdecia sustained injuries after falling through the ceiling of his home. He claims these injuries and other damages resulted from a misrepresentation by State Farm’s adjuster, Marvin Johnson, who allegedly instructed him to inspect the attic for damage, implying that his claim would be denied otherwise. To support his case, Plaintiff retained Earl…
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Obstetrics and Gynecology Expert Witness’ Opinions on the Filshie Clip Instructions for Use Admitted
Defendants CooperSurgical, Inc., Femcare, Ltd., and Utah Medical Products, Inc. manufacture and distribute birth control devices called Filshie Clips. Filshie Clips are 3-5 millimeters wide and are laparoscopically placed on the fallopian tubes. Plaintiffs are individuals who had tubal ligation surgery in 2009 and 2010. Plaintiffs Giovanna Bulox and Lorena Ahiri Merlo are sisters. Bulox…
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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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Fire Investigation Expert Witness Prohibited from Relying on Statements by an Unidentified Officer
Meadowbrook Shopping Plaza, LLC purchased a building at 3895 Metro Drive (“the Building”) in 1995. Around 2018, Mr. Khaldoun Abaji approached Meadowbrook about utilizing the Building for his business, a store called Kids Avenue. Abaji and Meadowbrook came to an oral agreement where Abaji paid Meadowbrook $800 a month for the space. The parties agreed…
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Valuation Expert Witness’ Testimony is Excluded Because his Experience as a Marine Appraiser is not Demonstrated
Plaintiff Max Zach Corporation entered into a contract with Defendant Marker 17 Marine (“Marker 17”) to modify Plaintiff’s vessel, a 2006 48′ Fountain Express Cruiser (the “Boat”)by retrofitting and repowering it with four Mercury Outboard 400 Racing Motors, at a cost of about $315,000. The agreement also provided for the delivery of the Boat by Marker…
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Psychiatry Expert Witness’ Interpretation of the Diagnostic Criteria for PTSD Deemed Unreliable
Sarah Budd alleged that SkyWest (Defendant) discriminated against Budd by subjecting her to a sexually hostile work environment during her employment at SkyWest’s Dallas-Fort Worth International Airport facility and retaliating against her for reporting the harassment. Budd claimed that SkyWest placed her on indefinite administrative leave as retaliation. In response, the Equal Employment Opportunity Commission…
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Industrial Hygiene Expert Witness’ Testimony Regarding the Mitigation Performed Admitted
Plaintiff, MacNair, owned the immovable property located at 526-528 Belleville Street, New Orleans, Louisiana 70114 which she insured through Chubb. MacNair lived on one side of her home and rented out the other side. On August 29, 2021, Hurricane Ida caused severe damage to MacNair’s property including the roof, all elevations and all rooms in…
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Data Science Expert Witness’ Testimony About MLR Repricing Excluded
In 1955, Congress created the Indian Health Service (IHS) to govern tribal healthcare. The IHS, now a sub-agency within the U.S. Department of Health and Human Services (HHS), continues to govern tribal healthcare today. Indeed, the IHS is the “principal federal health care provider and health advocate for Indian people, and its goal is to…
