Expert Witness Blog

Summary: Employment Expert Witness testimony partially allowed even though the court ruled that the expert was qualified to offer an opinion on reduction in force because of her experience in human resources.

Facts:  This case (Self v. Perspecta Enterprise Solutions, LLC et al – United States District Court – Southern District of California – February 15, 2023) involves a claim of discrimination and wrongful termination.  The plaintiff, Kathleen Self, alleges that she was terminated by the defendant based on her gender and in retaliation for complaining about her manager,.  The defendant claims that the plaintiff was terminated due to a reduction in force at the company.  To help her with her claim, the plaintiff hired Employment Expert Witness Debra Reilly, J.D. to provide expert witness testimony on her behalf.  The defendant has filed a motion to exclude this expert from testifying.

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Summary:  Public Opinion & Survey Research Expert Witness testimony allowed in Fair Housing Act case even though his expertise is in mixed methods and not specifically social sciences.

Facts:  This case (National Fair Housing Alliance et al v. Bank of America, National Association et al – United States District Court – District of Maryland – February 8th, 2023) involves a claim of violation of the Fair Housing Act.  The plaintiffs allege that Bank of America and Safeguard’s management of certain properties has a statistically significant racial disparity, which is a violation of the Fair Housing Act.  To help with their case, the plaintiffs hired four experts to provide expert witness testimony.  One of those experts is Public Opinion & Survey Research Expert Witness Dr. Michael D. Fetters.  The defendants filed a motion to exclude this expert from testifying.

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Summary: Forensic Accounting Expert Witness testimony is allowed even though the defendant argued that the expert’s discussion of common stock options was a legal conclusion.

Facts:  This case (Lindland v. TuSimple, Inc. et al – United States District Court – Southern District of California – October 24, 2022) involves a breach of contract claim. The plaintiff, John Lindland, alleges that his former employer fired him so as to avoid not paying him his stock options, which would have been due to him.  The plaintiff hired Forensic Accounting Expert Witness Horacio Valeiras to provide expert witness testimony.  The defendant, TuSimple, filed a motion to exclude this expert from testifying.

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Summary:  Compensation Expert Witness expert witness testimony not allowed even though the plaintiff blamed the defendant for the plaintiff’s failure to supplement the expert’s July 2020 report.

Facts:  This case (Robles v. Eminent Medical Center LLC et al – United States District Court – Northern District of Texas – August 3, 2022) involves an employment discrimination claim.  the plaintiff, April Robles, alleges that her former employer, Eminent Medical Center, fired her because she asked for benefits under the Family Medical Leave Act and due to her alleged disability.  In addition, she claims that the defendants failed to accommodate her alleged disability.  She filed sued, seeking damages for lost compensation and benefits as well as liquidated damages prejudgment interest, and attorney’s fees.  In order to prove her case, Robles hired Compensation Expert Witness Dr. Allyn Needham, Ph.D to provide expert witness testimony.  The defendant filed a motion to exclude Dr. Needham’s testimony.

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Summary: Elevator & Escalator Expert Witness testimony allowed in part even though the defendant argued that while he has experience with commercial elevators, he does not have experience with residential elevators.

Facts:  This case (Voeltz v. Bridge Charleston Investments E LLC et al – United States District Court – District of South Carolina – April 12th, 2019) involves an injury involving an elevator.  The plaintiff, renter of a condominium in Folly Beach, California, was on the first floor of the property and opened an access door to the elevator.  The plaintiff stepped through the door and fell down the elevator shaft because the elevator was not at the floor.  The plaintiff filed suit against the defendant.  The plaintiff has hired Elevator & Escalator Expert Witness John Koshak to provide testimony.  Defendant has filed a motion to exclude this expert from testifying.

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Summary: Emergency Medicine Expert Witness testimony allowed even though the defendant argued that the expert’s use of descriptive words to describe the decedent’s pain is subjective in nature.

Facts:  This case (Burrows et al v. 3M Company – United States District Court – Western District of Washington – August 12, 2022) involves a personal injury claim.  The plaintiff, Grace Burrows, alleges that her husband, Walter Burrows, was working at a construction site when he fell off the edge of a “pier cap”.  Mr. Burrows was wearing a 3M Nano-Lok Self-Retracting Lifeline, but it severed after making contact with the pier cap’s concrete edge.  Mr. Burrows died as a result of his injuries.  The plaintiff sued 3M, claiming that it did not warn about the type of edge that severed the Nono-Lok.   The plaintiff hired Emergency Medicine Expert Witness Dr. Anthony Haftel to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary:  Occupational Medicine Expert Witness testimony allowed even though the plaintiffs argued that he did not conduct a validation study pursuant to specific EEOC Guidelines.

Facts:  This case (Livingston et al v. City of Chicago – United States District Court – Northern District of Illinois – April 6th, 2022) involves a discrimination claim.  The plaintiff’s argue that the City of Chicago discriminates against women in the hiring process for the Chicago Fire Department paramedic positions.  The plaintiff’s allege that the City used two physical tests (the Step Test and the Lifting and Moving Sequence Test to terminate women from paramedic training classes.  They say that a higher percentage of women failed both tests.  In order to prove their case. the City hired Occupational Medicine Expert Witness Dr. Paul Davis to provide expert testimony.  The plaintiffs have filed a motion to dismiss the expert witness testimony of Dr. Davis.

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Summary: Nutrition Expert Witness testimony allowed despite the defendants argument that he contradicted his own previous opinions that “ALL of the SAM-e manufactured by Vitamins Because was deficient.”

Facts:  This case (Malgeri et al v. Vitamins Because LLC et al – United States District Court – Southern District of Florida – April 20th, 2022) involves a claim of mislabeling of a dietary supplement.  The plaintiff, Noah Malgeri, alleges that he purchased S-Adenosyl Methionine (“SAM-e”) dietary supplements from the defendant, Vitamins Because, and that the suppliment contained significantly less amounts of SAM-e ingredient than what was represented on their labels.  Malgeri hired Nutrition Expert Witness Dr. Douglas S. Kalman to provide expert witness testimony on his behalf.  The defendant has filed a motion to exclude this expert from testifying.

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