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Summary:  Cybersecurity Expert Witness testimony allowed in part as the court decided that the expert’s testimony was reliable based on his experience in cypersecurity forensics.

Facts:  This case (Savidge et al v. Pharm-Save, Inc. et al – United States District Court – Western District of Kentucky – March 31, 2023) involves a data breach claim.  The plaintiffs Andrea Savidge and Beth Lynch, former employees of the defendant, claim that Pharm-Save should be held liable for a data-breach in which sensitive and personal information was compromised.  The complaint maintains that a few Pharma-Save employees released this information to cyber-criminals who posed as company executives.  To assist their case, the plaintiffs hired Cybersecurity Expert Witness Vincent D’Agostino to provide expert witness testimony.  The defendant filed a motion to exclude this expert from testifying.

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Summary: Vocational Evaluation & Rehabilitation Expert Witness testimony allowed because the expert’s use of the term “non-severe disability” is founded on a valid methodology.

Facts:  This case (TELMANOSKI et al v. BONEFISH GRILL, LLC et al – United States District Court – District of New Jersey – November 29, 2022)  involves a personal injury claim.  The plaintiffs, Robert Telmanoski and Donna Brandz, allege that Telmanoski was delivering food to a Bonefish Grill in New Jersey and slipped on a piece of paper while inside the restaurant and suffered numerous injuries.  In order to prove his case, Telmanoski hired Vocational Evaluation & Rehabilitation Expert Witness Dr. Joseph T. Crouse to provide expert witness testimony.  The defendant filed a motion to exclude this expert witness testimony.

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Summary: Biomechanics Expert Witness testimony allowed in part even though the defense argued that his biomechanical engineering background does not qualify him to testify in this injuries case.

Facts:  This case (Haines v. Get Air Tucson Incorporated et al – United Stated District Court – District of Arizona – July 5th, 2019) involves an accident at a trampoline park owned by the defendant.  The plaintiff alleges that his injuries are a caused by a defective employee handbook created by the defendant.  The plaintiff has hired Richard Hinrichs, Ph.D. (Biomechanics Expert Witness) to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary: Child Psychiatry Expert Witness expert witness testimony allowed in part even though the expert argued that the plaintiff will suffer future psychological pain due to the incident at her school.

Facts:  This case (McCoy v. Isidore Newman School et al – United States District Court – Eastern District of Louisiana – September 28, 2022) involves a claim by a former student against her alma mater.  The plaintiff, Mary Claire L. McCoy, alleges that she was sexually assaulted at her school by another student and that the school should be held liable for the incident.  To support her claims, the plaintiff hired Child Psychiatry Expert Witness Dr. Eileen Ryan.  The defendant has filed a motion to exclude this expert from testifying.
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Overview: Infectious Disease Expert Witness testimony not allowed because of statements made out he knew that the HIV rapid test was approved in Canada and the European Union.

Facts:  This case (Waters v. Celebrity Cruises, Inc. – United States District Court – Southern District of Florida – January 29th, 2024) involves a claim of medical negligence by the plaintiff, who was a passenger on a cruise ship operated by the defendant.  The plaintiff alleges that the defendant was negligent when it breached its standard of care when the plaintiff was infected with HIV (human immunodeficiency virus) when she was given a blood transfusion aboard the ship.  The defendant hired Infectious Disease Expert Witness Jeffrey Klausner, MD to provide expert witness testimony.  The plaintiff filed a motion to exclude this expert witness from providing testimony.

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Summary: Vocational Evaluation & Rehabilitation Expert Witness allowed to testify despite the defendant’s assertion that he did not explain how he reached his conclusions about pre-injury earning capacity.

Facts:  This case (Kinnerson v. Arena Offshore L P et al – United States District Court – Western District of Louisiana – June 21st, 2019) involves a personal injury claim.  The plaintiff alleges that he sustained injuries while being transferred by a crane in a personal basket and that the basket violently struck a railing.  The plaintiff has hired Glenn Hebert, a Vocational Evaluation & Rehabilitation Expert Witness to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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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: Physical Medicine & Rehabilitation Expert Witness testimony excluded as the expert did not have experience regarding plaintiff’s alleged injuries.

Facts:  This case (Bermudez v. City of New York – United States District Court – Eastern District of New York – December 21st, 2018) involves the alleged excessive use of force related to the arrest of the plaintiff.  The plaintiff has hired Dr. Ali Guy, M.D. (Physical Medicine & Rehabilitation Expert Witness) to provide testimony.  The defendant has filed a motion to exclude the expert witness testimony of Dr. Guy.

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Summary: Economics Expert Witness testimony is not allowed because the plaintiff did not show that the expert’s adoption of the ADT Model and Mangum’s Representative Industry Model was reliable.

Facts: This case (ADT LLC, et al. v. Vivint Smart Home, Inc., et al – United States District Court – Southern District of Florida – May 19th, 2023) involves numerous claims: unfair competition in violation of the Lanham Act, common law unfair competition, trade slander/commercial disparagement, and tortious interference with advantageous business relationships. The plaintiff, ADT, alleges that the defendant, Vivint Smart Home misled ADT customers through false sales tactics, such as switching out ADT equipment for Vivint and by telling the customer that ADT has been bought out and vivid is taking over their accounts. The plaintiffs hired Economics Expert Witness Dr. Eric Matolo to provide testimony their behalf.  The defendant filed a motion to exclude this expert from providing an expert witness opinion.

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Summary:  Corporate Governance Expert Witness testimony not allowed because the court found that his expert report used factual narrative that did not have any technical or scientific conclusions.

Facts: This case (Jones et al v. Bain Capital Private Equity et al – United States District Court – Western District of Tennessee – January 9th, 2024) involves a class action complaint filed by members of the defendant’s cheerleading camps.  The plaintiffs allege that they paid artificially inflated prices for certain goods and services, such as enrollment in cheer competitions and apparel which was purchased indirectly from the plaintiff.  To assist in their case, the plaintiffs hired Corporate Governance Expert Witness James H. Aronoff to provide expert witness testimony.  The defendants filed a motion to exclude the expert witness testimony of Mr. Aronoff.

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