Overview: ERISA Expert Witness testimony allowed because the court ruled that the expert was qualified because she is a pensions lawyer who has represented plan sponsors, plan administrators, and service providers.

Facts:  This case (Zavislak v. Netflix, Inc – United States District Court – Northern District of California – January 31, 2024) involves a claim under Employee Retirement Income Security Act of 1974 (ERISA).  The plaintiff, Mark Zavislak, the beneficiary of the defendant’s health benefit plan, alleges that he did not receive all of health and welfare plan documents requested, which he alleges is a violation of Section 104 or ERISA.  To assist in their case Netflix hired ERISA Expert Witness Marcia S. Wagner to provide expert witness testimony.  The plaintiff filed a motion to exclude this expert from testifying.

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Overview: Automotive Engineering Expert Witness testimony allowed in part because the court concluded that Bloch’s testimony that alternative designs of the Silverado would have saved the plaintiff’s life was unreliable.

Facts:  This case (Miranda Polk v. General Motors, LLC – United States District Court – Middle District of Florida – January 29th, 2024) involves a claim of product liability and negligence of defective design.  The plaintiff alleges that the defendant General Motors should be held liable for injuries she sustained after being injured in an accident involving a Silverado, manufactured by GM.  The plaintiff hired Automotive Engineering Expert Witness Byron Bloch to provide expert witness testimony.  The defendant filed a motion to exclude Bloch from testifying.

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Overview: Infectious Disease Expert Witness testimony not allowed because of statements made out he knew that the HIV rapid test was approved in Canada and the European Union.

Facts:  This case (Waters v. Celebrity Cruises, Inc. – United States District Court – Southern District of Florida – January 29th, 2024) involves a claim of medical negligence by the plaintiff, who was a passenger on a cruise ship operated by the defendant.  The plaintiff alleges that the defendant was negligent when it breached its standard of care when the plaintiff was infected with HIV (human immunodeficiency virus) when she was given a blood transfusion aboard the ship.  The defendant hired Infectious Disease Expert Witness Jeffrey Klausner, MD to provide expert witness testimony.  The plaintiff filed a motion to exclude this expert witness from providing testimony.

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Summary: Child Psychiatry Expert Witness expert witness testimony allowed in part even though the expert argued that the plaintiff will suffer future psychological pain due to the incident at her school.

Facts:  This case (McCoy v. Isidore Newman School et al – United States District Court – Eastern District of Louisiana – September 28, 2022) involves a claim by a former student against her alma mater.  The plaintiff, Mary Claire L. McCoy, alleges that she was sexually assaulted at her school by another student and that the school should be held liable for the incident.  To support her claims, the plaintiff hired Child Psychiatry Expert Witness Dr. Eileen Ryan.  The defendant has filed a motion to exclude this expert from testifying.
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Summary: Vocational Evaluation & Rehabilitation Expert Witness allowed to testify despite the defendant’s assertion that he did not explain how he reached his conclusions about pre-injury earning capacity.

Facts:  This case (Kinnerson v. Arena Offshore L P et al – United States District Court – Western District of Louisiana – June 21st, 2019) involves a personal injury claim.  The plaintiff alleges that he sustained injuries while being transferred by a crane in a personal basket and that the basket violently struck a railing.  The plaintiff has hired Glenn Hebert, a Vocational Evaluation & Rehabilitation Expert Witness to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary: Biomechanics Expert Witness testimony allowed in part even though the defense argued that his biomechanical engineering background does not qualify him to testify in this injuries case.

Facts:  This case (Haines v. Get Air Tucson Incorporated et al – United Stated District Court – District of Arizona – July 5th, 2019) involves an accident at a trampoline park owned by the defendant.  The plaintiff alleges that his injuries are a caused by a defective employee handbook created by the defendant.  The plaintiff has hired Richard Hinrichs, Ph.D. (Biomechanics Expert Witness) to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary: Mechanical Engineering Expert Witness allowed to provide testimony even though the defendant’s argued that he was not qualified to offer an opinion on miters saws as he does not have the requisite experience on the topic.

Facts:  This case (Landi et al v. Home Depot USA, Inc. et al – United States District Court – Middle District of Florida – September 24th, 2019) involves a products liability claim.  The plaintiff claims that he was injured while using a miter saw manufactured by the defendant and purchased from Home Depot.  The plaintiff alleges that he was using the saw to cut crown molding, operating the saw with his right hand and holding the crown molding with his left.  The plaintiff claims that while the blade was spinning, the crown molding was pulled to the right and the plaintiff’s left arm was pulled as well.  The blade subsequently cut into the plaintiff’s left forearm.  The plaintiff hired Mechanical Engineering Expert Witness Dr. Charles E. Benedict to provide expert witness testimony and the defendant has filed a motion to exclude this expert from testifying.

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Summary: Securities Expert Witness was not allowed to testify in a broker-dealer case as the court determined that the expert is not qualified to offer an opinion on broker-dealer’s systems.

Facts:  This case (Securities and Exchange Commission v. Lek Securities Corporation et al – United States District Court – April 8th, 2019) involves securities.  The plaintiff sued the defendant alleging that traders engaged in two schemes to manipulate the securities markets and that they did so through trading at a broker-dealer based in New York.  The plaintiff brought claims for violations of the Securities Exchange Act of 1934 (the “Exchange Act”) and the Securities Act of 1933 (the “Securities Act”).  The defendants have hired Securities Expert Witness Roger Begelman to provide testimony.  The plaintiff has filed a motion to exclude this expert from testifying.

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Summary: Physical Medicine & Rehabilitation Expert Witness testimony excluded as the expert did not have experience regarding plaintiff’s alleged injuries.

Facts:  This case (Bermudez v. City of New York – United States District Court – Eastern District of New York – December 21st, 2018) involves the alleged excessive use of force related to the arrest of the plaintiff.  The plaintiff has hired Dr. Ali Guy, M.D. (Physical Medicine & Rehabilitation Expert Witness) to provide testimony.  The defendant has filed a motion to exclude the expert witness testimony of Dr. Guy.

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Summary: Economics Expert Witness testimony is not allowed because the plaintiff did not show that the expert’s adoption of the ADT Model and Mangum’s Representative Industry Model was reliable.

Facts: This case (ADT LLC, et al. v. Vivint Smart Home, Inc., et al – United States District Court – Southern District of Florida – May 19th, 2023) involves numerous claims: unfair competition in violation of the Lanham Act, common law unfair competition, trade slander/commercial disparagement, and tortious interference with advantageous business relationships. The plaintiff, ADT, alleges that the defendant, Vivint Smart Home misled ADT customers through false sales tactics, such as switching out ADT equipment for Vivint and by telling the customer that ADT has been bought out and vivid is taking over their accounts. The plaintiffs hired Economics Expert Witness Dr. Eric Matolo to provide testimony their behalf.  The defendant filed a motion to exclude this expert from providing an expert witness opinion.

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