Expert Witness Blog

In the recent case of Rojas v. HSBC Card Services Inc., 2023, the role of a Call Centers Expert Witness was pivotal in evaluating claims under California’s Privacy Act. This case demonstrates the increasing importance of expert testimony in disputes involving call center operations, consent, and the recording of confidential communications.

Background and Parties

Plaintiff Rojas alleged that HSBC Card Services Inc. (“HSBC”) intentionally recorded confidential telephone calls without her consent, in violation of California’s Invasion of Privacy Act. Rojas further claimed that HSBC’s call center policies and practices resulted in the unlawful recording of calls between her and her daughter, which she asserted were confidential and protected under state law. HSBC, a major financial services provider, defended its actions by referencing internal workplace policies and industry standards governing call center operations.

In the recent case of Sardis v. Overhead Door Corp., No. 20-1411 (4th Cir. 2021), the role and reliability of a Packaging Expert Witness were central to the litigation and appellate review. This case provides a compelling illustration of the standards governing expert testimony in federal courts, particularly under Daubert, and the consequences when those standards are not rigorously applied.

Background and Parties

The decedent, Sardis, suffered fatal injuries after falling from a ladder rack while attempting to adjust a container holding a garage door hood. The accident occurred when the wood slat forming the container’s handhold broke off, causing Sardis to fall approximately nine feet and sustain a fatal head injury. Sardis’s estate brought suit against Overhead Door Corporation (ODC), alleging negligent design of the container’s handholds and failure to warn foreseeable users against relying on those handholds for moving the container.

In the pivotal case of SCHOOL DISTRICT NO. 162 v. Grosshans & Petersen, Inc., Nebraska Supreme Court 1959, the role of the Construction Damages Expert Witness was central to the court’s determination of liability and damages arising from alleged construction-related harm to a school building.

Background and Parties

The plaintiff, School District No. 162, brought suit against Grosshans & Petersen, Inc., a contractor engaged in blasting operations at a nearby quarry. The school district alleged that vibrations from the defendant’s blasting caused substantial structural damage to its school building, including the formation of new cracks and the exacerbation of existing ones. The defendant denied causation, asserting that the damage predated its operations or was attributable to other factors.

In the recent case of Securities and Exchange Commission v. Jacobson et al, No. 2:2023cv05650 (E.D. La. 2025), the role of the Stocks & Bonds Expert Witness was pivotal in the adjudication of complex securities fraud allegations brought by the Securities and Exchange Commission (SEC) against multiple defendants. This case provides a compelling illustration of how expert testimony in the domain of stocks and bonds can decisively influence judicial outcomes in federal securities litigation.

Background and Parties

The SEC initiated civil proceedings against Jacobson and other defendants, alleging violations of federal securities laws related to the misrepresentation and manipulation of bond valuations within investment portfolios. The defendants were accused of engaging in fraudulent practices that artificially inflated asset values, thereby misleading investors and regulatory authorities. The litigation centered on whether the defendants’ conduct constituted actionable securities fraud under the relevant statutes.

The Southern District of New York delivered a significant ruling on expert witness testimony in Securities and Exchange Commission v. Terraform Labs Pte Ltd. et al, No. 1:2023cv01346, a high-profile cryptocurrency securities fraud case that proceeded to trial in January 2024. The court’s comprehensive analysis of expert witness admissibility provides crucial guidance for practitioners utilizing Securities Expert Witness testimony in complex financial fraud litigation.

Case Background and Parties

The Securities and Exchange Commission brought enforcement action against Terraform Labs Pte Ltd. and related defendants, alleging violations of federal securities laws in connection with the marketing and sale of cryptocurrency tokens LUNA and MIR. The case centered on allegations that defendants conducted unregistered securities offerings and engaged in fraudulent conduct in connection with their cryptocurrency operations.

In the landmark case of Smith v. Medical Center East, Supreme Court of Alabama 1991, the role and admissibility of an Emergency Medical Services Expert Witness became central to the court’s analysis of alleged medical negligence and causation in the context of emergency trauma care and inter-hospital transfer protocols.

Background and Facts

The case arose from the tragic death of Scott Smith following a motor vehicle accident. Smith was initially treated at the scene by emergency medical technicians (EMTs) and subsequently transported to Medical Center East (MCE) rather than Carraway, a designated Level I trauma center. The plaintiff, Calvin Smith, alleged that multiple defendants—including Carraway, MCE, Southeastern Emergency Physicians, and Cardio-Thoracic Surgeons—were negligent in failing to ensure Scott Smith was transported and transferred to the most appropriate facility for his injuries.

In the recent appellate decision of Sonic Mfg. Tech. v. AAE Systems, California Court of Appeal 2011, the role of a Contract Manufacturing Expert Witness was pivotal in resolving a complex dispute over payment obligations and industry practices in contract manufacturing.

Background and Facts

Sonic Manufacturing Technologies, Inc. (“Sonic”) and AAE Systems, Inc. (“AAE”) entered into a series of purchase orders for the manufacture and delivery of electronic components. Sonic, as the contract manufacturer, was responsible for procuring necessary parts and assembling products according to AAE’s specifications. The dispute arose when AAE delayed payment for materials and refused to pay certain invoices, including those for price purchase variance (PPV) and materials Sonic had acquired in anticipation of fulfilling AAE’s orders. Sonic placed AAE on a shipping hold after extended delays and sought to recover costs incurred for materials and PPV, arguing that such billing was consistent with industry custom and practice.

In the eminent domain case of State v. Northeast Building Company, 421 S.W.2d 297 (Mo. 1967), the Missouri Supreme Court addressed the pivotal role of a Machinery & Equipment Appraisal Expert Witness in determining just compensation for property condemned by the State Highway Commission.

Background and Parties

The State Highway Commission initiated condemnation proceedings against Northeast Building Company and other landowners to acquire property for public use. The property included land, buildings, and significant mechanical equipment—specifically, boilers and other fixtures integral to the operation of the premises. The central dispute concerned the fair market value of the property, including whether and how to account for the machinery and equipment as part of the compensation owed to the landowners.

In the consolidated fraud and negligence action of THORNTON v. FORD MOTOR COMPANY, Oklahoma Court of Appeals 2012, the pivotal role of an Automobile Dealerships Expert Witness was central to the court’s analysis of agency, apparent authority, and vicarious liability in the context of dealership operations and manufacturer oversight.

Background and Parties

The plaintiffs, a group of customers, brought suit against Ford Motor Company, alleging fraud and negligence related to their dealings with a Ford-branded dealership. The litigation consolidated seven lawsuits for a non-jury trial. Ford was the sole defendant present, and the trial focused on whether Ford could be held liable for the dealership’s actions under theories of agency and apparent authority.

In the recent case of Thorpe v. Bisignano, No. 24-2214 (7th Cir. 2025), the United States Court of Appeals for the Seventh Circuit addressed the critical role of the Disability Expert Witness—specifically, a vocational expert—in Social Security disability proceedings. The court’s analysis provides a clear example of how expert testimony is evaluated for reliability and the procedural requirements for challenging such testimony.

Background and Parties

Donald Thorpe, the claimant, sought Social Security disability benefits, alleging that his medical conditions rendered him unable to engage in substantial gainful activity. The Social Security Administration denied his claim, and the matter proceeded to a hearing before an Administrative Law Judge (ALJ). At the hearing, a vocational expert provided testimony regarding Thorpe’s ability to perform work available in the national economy, considering his limitations.