Expert Witness Blog

In the recent case of Niles v. Nature’s Way Pest Control, New York Other Courts 2019, the court addressed critical issues of property damage and pest control efficacy, relying on the specialized knowledge of an Insects & Pests Expert Witness to evaluate the presence and management of carpenter ants in a residential property.

Background and Parties

Plaintiff Jessica Niles initiated a small claims action against Nature’s Way Pest Control, seeking $4,875 in damages. The dispute arose after Niles purchased a home in Saratoga Springs, New York, where a pre-closing inspection revealed visible evidence of carpenter ants and associated structural damage. The inspection report recommended professional treatment for carpenter ant control. Niles subsequently engaged Nature’s Way Pest Control for a further inspection and advice regarding the pest issue.

In the landmark case of Northwest Airlines, Inc. v. CIR, 1978, the Minnesota Supreme Court addressed the complex issue of valuing a commercial airline’s fleet for tax assessment purposes, with pivotal testimony from an Aviation Valuation Expert Witness.

Background and Parties

Northwest Airlines, Inc., a major commercial airline, contested the valuation of its aircraft fleet as determined by the Minnesota Commissioner of Revenue. The dispute centered on whether the commissioner’s assessment accurately reflected the market value of the airline’s property for taxation. The case required the Minnesota Tax Court to weigh competing valuation methodologies and expert opinions, given the inherent difficulty in appraising a diverse and specialized fleet of commercial aircraft.

In the recent appellate decision of Odom v. L.A. Community College Dist., 2025, the role and admissibility of testimony from a Sexual Harassment/Discrimination Expert Witness were central to the outcome of a high-profile employment discrimination case. This matter illustrates the critical importance of expert witness reliability and the rigorous application of evidentiary standards in sexual harassment litigation.

Case Background and Parties

The plaintiff, a tenured professor at a Los Angeles community college, brought claims of sexual harassment and retaliation against the Los Angeles Community College District and a vice president of student services. The plaintiff alleged that over an eight-month period in 2017, the vice president subjected her to repeated inappropriate comments and advances. When she rebuffed these advances, she claimed the vice president retaliated by attempting to move her academic program and terminate her staff. The case proceeded to trial in the Superior Court of Los Angeles County.

In the recent case of People v Snyder, New York Other Courts 2024, the court addressed a series of complex evidentiary issues, including the admissibility of photographic evidence and the role of expert witness testimony. This case provides a compelling illustration of how courts evaluate the reliability and procedural compliance of evidence involving a Photography Expert Witness, particularly in the context of criminal proceedings and discovery obligations.

Background and Parties

The defendant, Snyder, was charged with multiple counts, including robbery. The prosecution relied on various forms of evidence, including photographs of the defendant’s hands, video recordings, and expert witness testimony in areas such as DNA, ballistics, and serology. The defense challenged the admissibility of several pieces of evidence, citing alleged discovery violations and insufficient notice under New York’s Criminal Procedure Law (CPL) Article 245 and CPL §710.30.

In the landmark bankruptcy litigation of Pereira v. Cogan, 281 B.R. 194 (S.D.N.Y. 2002), the role and admissibility of a Corporate Governance Expert Witness became a central issue in evaluating the conduct of a corporate board and its controlling shareholder. This case provides a definitive analysis of how courts assess the reliability and relevance of expert testimony in the context of corporate governance disputes.

Background and Parties

The case arose from the bankruptcy of Trace International Holdings, Inc. The trustee, Pereira, alleged that the controlling shareholder, Cogan, breached fiduciary duties and mismanaged the corporation for personal benefit. The litigation involved multiple counts, including breach of fiduciary duty and alter ego liability. To substantiate claims of board dysfunction and shareholder overreach, the trustee retained Kagan as a Corporate Governance Expert Witness.

In the landmark case of Portland Golf Club v. State Tax Commission, 465 P.2d 883 (Or. 1970), the Oregon Supreme Court addressed the critical role of the Golf Course Appraisal Expert Witness in determining the true cash value of a golf course for property tax assessment purposes. This case provides a definitive analysis of expert appraisal methodology, the court’s approach to Daubert-style reliability, and the ultimate impact of expert testimony on the outcome.

Background and Parties

The Portland Golf Club, a private entity, challenged the State Tax Commission’s assessment of its golf course property. The dispute centered on the appropriate method for valuing land whose highest and best use was agreed by both parties to be as a golf course. The plaintiff, Portland Golf Club, contended that the valuation should reflect actual market transactions involving comparable golf course properties, while the State Tax Commission argued for a valuation based on the value of surrounding residential land, asserting that residential use was an inferior alternative.

In the landmark tax dispute of R. M. Smith, Inc. v. Commissioner of Internal Revenue, 591 F.2d 248 (2d Cir. 1979), the court’s determination of the fair market value of patents and inventions hinged on the testimony of an Intangible Assets Appraisal Expert Witness. This case provides a compelling illustration of how expert appraisal methodologies and credibility directly influence judicial findings in complex valuation matters.

Background and Parties

R. M. Smith, Inc., the appellant, challenged the Internal Revenue Service’s (IRS) assessment of its claimed amortization deductions for patents and inventions acquired in a business transaction. The IRS concluded that only one patent had a basis of $10,000, deeming the remainder of the deductions excessive. Smith petitioned the tax court for review, making the central issue the fair market value of the acquired intangible assets.

In the recent Texas Supreme Court case Renaissance Medical Foundation v. Lugo, Supreme Court of Texas 2025, the role of the Industrial Medicine Expert Witness was pivotal in evaluating the standards of care, causation, and institutional liability in a complex medical negligence action.

Background and Facts

Rebecca Lugo’s daughter underwent brain surgery at Doctors Hospital at Renaissance, performed by Dr. Michael Burke, a neurosurgeon employed by Renaissance Medical Foundation (“the Practice”), a nonprofit health organization certified by the Texas Medical Board. During the procedure, a surgical retractor migrated into the child’s brainstem, resulting in permanent neurological damage. Dr. Burke later acknowledged the instrument’s migration as the cause of injury.

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.