Expert Witness Blog

In the Fifth Circuit’s 2024 decision in Johnston v. Ferrellgas, Inc., No. 23-10019 (5th Cir. 2024), the role of the Safety Expert Witness was central to a high-stakes propane products liability dispute. The court’s Daubert analysis ultimately reversed a substantial jury verdict, illustrating how strict the appellate scrutiny of safety expert testimony has become.

Background and Parties

The plaintiffs were injured in a propane flash-fire incident in Texas and brought a products liability suit against Ferrellgas, Inc., a major propane distributor. Plaintiffs alleged that a 20-pound propane tank delivered by Ferrellgas had a defective face-seal at the valve interface, allowing propane to escape and ignite. The case proceeded to a jury trial in the Northern District of Texas, which returned a $1.7 million verdict in favor of the plaintiffs.

In the complex landscape of trade secret and contract litigation within the semiconductor industry, the role of a Semiconductors Expert Witness is often pivotal in establishing both liability and damages. A recent example is found in the case of American Semiconductor v. Sage Silicon Solutions, 2017, where expert testimony was central to the court’s analysis of lost profits and economic expectancy.

Background and Parties

American Semiconductor, Inc. (ASI), a company specializing in semiconductor design and manufacturing, initiated litigation against Sage Silicon Solutions, LLC (Sage), Zilog, Inc. (Zilog), and individual engineers. ASI alleged that Zilog, by contracting with Sage rather than ASI, interfered with ASI’s contractual and economic relationships, resulting in significant financial losses. The claims included intentional interference with contract and intentional interference with economic expectancy.

In litigation involving the valuation and fairness of structured settlements, the role of a Structured Settlements Expert Witness is pivotal. A recent appellate decision, Glenda Sue Brewer v. State Farm Automobile Insurance Co., 7 F.3d 222 (6th Cir. 1993), provides a compelling illustration of how courts assess the admissibility and impact of such expert testimony in disputes over structured settlement agreements.

Background and Parties

The case arose from a serious automobile accident in which Glenda Sue Brewer, the plaintiff, was injured as a passenger during a drag race. Multiple insurers paid settlements, but Brewer’s dispute centered on a structured settlement agreement with State Farm, which insured a vehicle not directly involved in the accident. Under the agreement, State Farm committed to pay Brewer $575 per month for life, beginning in May 1985, with additional periodic payments totaling $50,000. If Brewer died within twenty years of the agreement, payments would continue to her beneficiary or estate for the remainder of that period.

In litigation involving property damage from termite infestation, the role of a Termites Expert Witness is often pivotal in establishing both the existence and extent of damage, as well as the adequacy of pest control services. The case of CHRISTINE KANELLOS v. WILLIAMS TERMITE CO., et al., N.J. Super. Ct. App. Div. 2007 exemplifies the critical influence of expert testimony on the adjudication of negligence and damages in termite-related disputes.

Background and Parties

Christine Kanellos, the plaintiff, brought suit against Williams Termite Co. and other defendants after her home suffered extensive termite damage. The litigation centered on whether Williams Termite Co. had been negligent in its inspection and treatment of the property, and whether the company had failed to inform the homeowners of the full extent of the termite problem. The defendants, in turn, raised issues of comparative negligence and failure to mitigate damages by the homeowners.

In the landmark intellectual property dispute between Turbocare Division of Demag Delaval Turbomachinery Corp. and General Electric Company, the role of the TurboMachinery Expert Witness proved pivotal in the court’s analysis of patent validity and infringement. The case, adjudicated in the United States District Court for the District of Massachusetts, centered on allegations that General Electric infringed U.S. Patent No. 4,436,311, which covers a shaft sealing system for fluid turbines—a technology fundamental to the operation and efficiency of large-scale turbomachinery systems. The court’s decision is documented in TurboCare Div. of Demag Delaval v. General Elec., 214 F. Supp. 2d 170 (D. Mass. 2002).

Background and Parties

The plaintiff, Turbocare Division of Demag Delaval Turbomachinery Corp., is a leading manufacturer specializing in advanced turbomachinery components and systems. The defendant, General Electric Company, is a global conglomerate with a significant presence in the power generation sector. The dispute arose when Turbocare alleged that GE’s turbine products incorporated a shaft sealing system that infringed upon the claims of the ‘311 patent, specifically claims 1, 5, 6, and 7, which describe innovative methods for preventing fluid leakage in high-pressure turbine environments.

In the evolving landscape of digital evidence, the role of the Video Expert Witness has become increasingly significant in both criminal and civil litigation. The case of USA v. Suzanne Ellen Kaye, No. 23-11423 (11th Cir. 2024) provides a compelling example of how courts evaluate and, in some instances, exclude expert testimony related to video evidence, shaping the boundaries of admissibility and the jury’s role in interpreting digital content.

Background and Facts

Suzanne Ellen Kaye was charged with two counts of transmitting threatening communications in violation of 18 U.S.C. § 875(c), based on two separate social media videos she posted. The government alleged that Kaye’s videos constituted “true threats” against an FBI agent. Kaye contended that her videos were political expression protected by the First Amendment, asserting that her intent was not to threaten but to comment on government overreach.

In a recent federal case, the role and reliability of a Vocational Evaluation & Rehabilitation Expert Witness were central to the determination of damages in a personal injury action. The case, Kinnerson v. Arena Offshore L P et al, involved a plaintiff who sustained significant injuries while being transferred by crane in a personnel basket, which violently struck a railing. The plaintiff retained Glenn Hebert, a Vocational Evaluation & Rehabilitation Expert Witness, to assess and testify regarding his post-injury earning capacity and vocational limitations.

Background and Parties

The plaintiff, an offshore worker, alleged that the incident resulted in lasting physical impairment, severely restricting his ability to return to his prior occupation. The defendants, Arena Offshore L P and related parties, contested both liability and the extent of damages, focusing particularly on the admissibility and methodology of the expert’s vocational assessment.

The Ninth Circuit’s decision in Bark v. United States Forest Service, No. 19-35665 (9th Cir. 2020) demonstrates the critical role that Forestry Expert Witness testimony plays in complex environmental litigation involving federal forest management decisions. This case centered on the Forest Service’s controversial Crystal Clear Restoration Project, an 11,742-acre forest management initiative and timber sale in Oregon’s Mt. Hood National Forest.

Background and Parties

The environmental organization Bark challenged the U.S. Forest Service’s determination that the Crystal Clear Restoration Project could proceed without preparing a comprehensive Environmental Impact Statement (EIS). The Forest Service had instead relied on a less rigorous Environmental Assessment, concluding that the project’s environmental effects would not be significant enough to warrant the more detailed EIS process required under the National Environmental Policy Act (NEPA).

In the recent case of BDO USA, P.C. v. JSCO Enterprises, Inc., Delaware Superior Court 2025, the role of the International Marketing Expert Witness was pivotal in establishing the extent of reputational and economic harm suffered by the plaintiff, BDO USA, P.C., as a result of a targeted social media smear campaign.

Background and Parties

BDO USA, P.C., a prominent national accounting and advisory firm, initiated litigation against JSCO Enterprises, Inc. and its principal, Eric Jia-Sobota, following Jia-Sobota’s departure from BDO and the subsequent founding of a rival consulting firm, EverGlade. After failed settlement negotiations, BDO became the subject of a coordinated social media attack that disparaged the company and its leadership. BDO alleged that this campaign was orchestrated by the defendants to inflict reputational and economic damage, and sought both compensatory and punitive damages.

Background and Facts

Bentley v. Slavik, 663 F. Supp. 736 (S.D. Ill. 1987) presents a classic dispute over the authenticity and value of a rare violin, with the plaintiff alleging misrepresentation by the seller. In January 1984, plaintiff Bentley responded to a notice posted by defendant Charles Slavik at Indiana University, advertising an Auguste Sebastien Philippe Bernardel violin from 1835, purportedly valued between $15,000 and $20,000. After inspecting the violin at the defendants’ home and receiving a certificate of authenticity from a now-deceased violin maker, Bentley purchased the instrument. However, the violin soon required significant repairs, which were poorly executed, resulting in visible damage and diminished playability. Bentley subsequently sued, claiming the violin was not authentic and had been misrepresented.

Parties