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: Biomechanics Expert Witness testimony allowed in part even though the defendant argued that the tests relied on by the expert were single-impact and non multi-impact.

Facts:  This case (Riley v. Tesla, Inc – United States District Court – Southern District of Florida – May 11th, 2022) involves a fatal crash of a Tesla automobile.  The plaintiff, the estate of Barrett Riley, alleges that two months prior to an accident that killed Barrett Riley, they asked Tesla to install a speed limiter in the car, so that the vehicle could not go over 85 mph.  Tesla states that they did install the speed limiter, but later removed it after the car was taken into Tesla for servicing.  Tesla admits that it did not inform the Rileys that the speed limiter was disabled.  In order to prove their case, the Rileys hired Biomechanics Expert Witness Kelly B. Kennett to provide expert witness testimony in this case.  Tesla filed a motion to exclude Mr. Kennett’s testimony under Daubert.

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Summary: Law & Legal Expert Witness testimony is not allowed even though the plaintiffs maintain that the expert’s opinion on the retention of FTCs was a best practice analysis.

Facts: This case (Romano et al v. John Hancock Life Insurance Company – United States District Court – Southern District of Florida – May 9th, 2022) involves a putative class action claim against John Hancock Life Insurance Company.  The plaintiffs, Eric and Todd Romano, are trustees in a contribution plan who purchased a Group Variable Annuity Contract from the defendants.  To support their claims, the plaintiff hired Law & Legal Expert Witness Bruce Pingree to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary: Railroad Expert Witness allowed to provide testimony even though the defendant argued that his testimony was not reliable as he does not have any specialized knowledge about snow removal in a railyard.

Facts:  This case (Steggall v. BNSF Railway Company – United States District Court – District of Nebraska – April 4th, 2019) involves a claim under the Federal Employers’ Liability Act (“FELA”).  The plaintiff alleges that he slipped and fell on ice in the defendant’s Alliance, Nebraska railyard and sustained injuries.  The plaintiff alleges that the defendant negligently and carelessly failed to provide the plaintiff with a safe place to work by committing enumerated negligent acts or omissions.  The plaintiff has hired Railroad Expert Witness Brian Hansen to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary: Employment Expert Witness testimony is granted in part and denied in part even though the plaintiff argued that Crandall’s methodology does not compare to other time and motion studies in similar cases.

Facts: This case (Utne v. Home Depot U.S.A., Inc – United States District Court – Northern District of California – May 6th, 2022) involves a purported class action complaint related to unpaid wages.  The plaintiff, John Utne, filed a class action lawsuit against the defendant, Home Depot.  The third amended complaint brings forth five claims against Home Depot: 1) Failure to pay hourly wages, 2) failure to provide adequate written wage statements, 3) failure to pay wages at the termination of employment, 4) violation of California’s Unfair Competition law, and 5) penalties from Home Depot’s violation of numerous state labor codes.  Home Depot has hired Employment Expert Witness Robert Crandall to provide expert testimony.  The plaintiff has filed a motion to exclude this expert from testifying.

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Summary: Supply Chain Expert Witness not allowed to testify even though the plaintiff’s argued that he has decades of experience in the general field of transportation logistics.

Facts:  In this case (Keystone Transportation Solutions, LLC v. Northwest Hardwoods, Inc et al – United States District Court – Western District of Virginia – April 19th, 2019), the plaintiff alleges that the defendants, one of which was previously the plaintiff’s president and now works for the defendant, interfered with its business interests and improperly gained access to confidential trade secrets underlying a Shipper Savings Model.  The plaintiff has appointed David Steffens (Supply Chain Expert Witness) to provide expert testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary: Business Valuation Expert Witness testimony is allowed despite the defendant’s argument that her report is unreliable because she applied the incorrect valuation date and the wrong evaluation standard.

Facts:  This case (Agnelli v. Lennox Mia. Corp – United States District Court – Southern District of Florida – May 5th, 2022) involves a dispute over a business.  The plaintiff, Diego Agnelli, divorced his wife Analia Castellanos in late 2019.  According to Agnelli, his former father in law, Juan Castellanos, ousted him from the family business by terminating his employment contract and buying off his minority interest in the company, the Lennox Hotel.  The plaintiff is seeking damages for breach of his employment contract and seeking a judicial dissolution of Lennox.  To assist in her case, Agnelli hired Business Valuation Expert Witness Kathleen Conroy to provide expert witness 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: Architecture Expert Witness testimony allowed in part even though the plaintiff argued that an opinion on substantial similarity is not needed as the test is whether the designs are similar to an ordinary observer.

Facts:  This case (Design Basics, LLC v. Forrester Wehrle Homes, Inc. et al – United States District Court – Northern District of Ohio – May 23rd, 2019) involves a copyright infringement claim.  The plaintiff alleges that the defendant infringed their copyrights in a number of architectural plans and used them without permission to build single-family homes in Northwest Ohio and Southeast Michigan.  The defendant has hired Architecture Expert Witness Richard Kraly to provide testimony in this case.  The plaintiff has filed a motion to exclude this testimony.

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Summary: Obstetrics & Gynecology (OB/GYN) Expert Witness testimony not allowed even though the expert testified that his opinion on the injuries were based on his own experience and expertise.

Facts:  This case (RASCHELLE GOFF V KAREN L NIVER MD – State of Michigan – Court of Appeals – June 18th, 2019) involves a medical malpractice claim.  The plaintiff argues that during the birth of her baby, she suffered three injuries.  The plaintiff sued the defendant doctor and hospital alleging that the doctor violated the standard of case by not recognizing and surgically repairing a sphincter tear and retrovaginal tear following the delivery of her baby.  The plaintiff hired Obstetrics & Gynecology (OB/GYN) Expert Witness Dr. Robert Dein to provide testimony on her behalf.  The defendant filed a motion to exclude the expert witness testimony of Dr. Dein.  The lower court granted the motion to exclude.  This is the appeal.

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