Expert Witness Profiler [EWP] on LinkedIn: #expertwitnessday #legalexcellence #expertwitness #law #justice… (2024)

#ArtAndHumanitiesExpertWitness#expertwitnessA district judge in California limited the testimony of the Defendant’s substantial similarity expert witness as he lacked the requisite qualifications to express his opinions regarding Polynesian, Oceanic, or Hawaiian mythology, folklore, history, religion, or culture.Plaintiff Buck Goodday Woodall filed a copyright infringement case against Defendant The Walt Disney Company, Buena Vista Home Entertainment Inc et al. The present case involves allegations of copyright infringement and misappropriation of trade secrets between Plaintiff's "Bucky" and Defendants' animated film Moana. The Defendants disclosed expert Jeff Rovin as their “substantial similarity expert.” Plaintiff filed a motion to exclude Rovin’s testimony on Daubert grounds. Plaintiff aimed to prevent Defendants' expert, Jeff Rovin, from presenting testimony and opinions, arguing two primary grounds. Firstly, Plaintiff contended that Rovin's "prior art" methodology was unreliable and had been dismissed by Ninth Circuit Courts, asserting its inapplicability to copyright cases. Secondly, Plaintiff argued that Rovin lacked the qualifications to provide opinions on "Oceanic mythology, folklore, religion, culture, and/or history."https://lnkd.in/gih2Jwp6

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#CreditReportingExpertWitness#expertwitnessPlaintiff, Jamaal Nelson alleged that around February 2023 he applied for housing with Younger Developments in Texas. He alleged he was denied housing on February 7, 2023 because Defendant's consumer credit report reported Plaintiff as "Deceased" on a Capital One tradeline and this happened because Defendant failed to investigate the alleged inaccuracy. He added that due to his being denied housing in Texas he had to take a lower paying job in Florida where he paid higher rent. Against Defendant, Plaintiff pursued claims for (1) violation of the Fair Credit Reporting Act ("FCRA") for failure to assure maximum possible accuracy and (2) violation of the FCRA for failure to investigate.Defendant Experian Information Solutions, Inc. filed a motion seeking to exclude Douglas A. Hollon's testimony as to whether Defendant's credit accuracy procedures are reasonable.https://lnkd.in/gDFgqVtb

Celebrating freedom, unity, and the American spirit this Fourth of July! As we reflect on our nation's journey, let's honor the ideals that have shaped us and recommit to building a brighter future for all. Whether you're at a BBQ, parade, or simply enjoying time with loved ones, I hope your day is filled with joy and gratitude.Happy Independence Day! #FourthOfJuly #IndependenceDay #USA

#TransportationSafetyExpertWitness#expertwitnessA district judge in Pennsylvania limited the Transportation Safety Expert's testimony about the Defendant's failure to review safety and compliance data.Defendant Gateway Freight Systems, Inc., on behalf of Defendant Tempel Steel, retained Defendant Foxway Transportation, Inc. to transport a shipment of Tempel's product from Tempel's Canadian location to two locations in Pennsylvania. On October 20, 2019, Darlene L. Allen was driving her Mitsubishi Mirage on SR-17 in Tioga County, New York, when she hit a deer. At the time of the accident, Allen had her minor children T.G.A. and Z.D.A. as passengers in the rear seats. Volodymyr Frolyak, an employee of Foxway driving a Foxway-owned Freightliner, was traveling behind Allen and collided with her Mitsubishi. As a result of these accidents, Allen's children, T.G.A. and Z.D.A. tragically lost their lives.Plaintiff Robert C. Allen, co-administrator of the estates of T.G.A and Z.D.A, disclosed Kenneth Lacey for the first time attempting to support his partial motion for summary judgment concerning claims of direct negligence, including negligent entrustment, against Gateway.https://lnkd.in/g6mHJbDj

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#FirearmsAndToolmarkExpertWitnesses#expertwitnessThe Grand Jury charged Defendants Ariel Petersen, Ivan James, and John Williams with multiple firearms offenses and other crimes. The charges specified the illegal use of a Glock 40 caliber pistol, an Olympic Arms MFR AR rifle, and a Romarm WASR-10 AK rifle.Defendants contested the reliability of expert testimony the United States intended to adduce at trial from proffered firearms and toolmark expert witnesses Kevin Rippman and Major Wells. They requested the Court to restrict the experts' testimony on firearms examination and comparison, arguing that the science of firearm toolmark examination did not meet the reliability standards set by the Supreme Court in Daubert.The Court granted the Defendants' request for an evidentiary hearing to gather evidence on the reliability of the proffered opinions. The United States presented testimony from firearms and toolmark expert witnesses Todd Weller, Kevin Rippman, and Major Wells. The United States also introduced multiple studies purporting to show the reliability of firearms toolmark examination.https://lnkd.in/ge3CZe5B

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#daubertchallenge #expertwitness #expertwitnessday #experttestimony

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#VocationalRehabilitationExpertWitness #expertwitnessPlaintiff, Alex Mundy, a former graduate student at the University of Wisconsin—Madison, filed this lawsuit against the Board of Regents of the Universities of Wisconsin (the Board of Regents) alleging illegal retaliation in violation of the Rehabilitation Act. Mundy claimed the Board of Regents retaliated against her by refusing to award her a coursework master’s degree because she filed a previous lawsuit alleging Professor Cameron Currie deprived her of a master’s research degree in bacteriology because of her disability in violation of the Rehabilitation Act.In her first case, Mundy supported her claim for damages with vocational expert Kevin Schutz, who provided a report in July 2021. Schutz did not updatehis 2021 report for this case. The Board of Regents moved to exclude his testimony as inadmissible underFederal Rule of Evidence 702.Read the article here: https://lnkd.in/d6PQKzGv

#MergersandAcquisitionsExpertWitness#ExpertWitness#ExpertTestimonyPlaintiffs, ECB USA, Inc. and Atlantic Ventures Corp. accused Savencia and Zausner, together with other persons and entities, of commting a series of tortious acts, including, but not limited to, looting the assets of Schratter Foods Incorporated (“Schratter”), then fraudulently inducing Plaintiffs into executing an agreement to purchase all of Schratter’s shares (the “Stock Purchase Agreement”).One of the key issues in this case is whether, prior to Schratter's sale, Defendants secretly "stripped" Schratter's Chief Executive Officer ("CEO") Alain Voss ("Voss") of certain of his powers and duties as CEO and then "lied" to Plaintiffs' by holding "Voss out as Schratter's trusted, knowledgeable, and effective chief, for the purpose of persuading [Plaintiffs'] representatives to accept Voss as a fiduciary and to partner with him to purchase Schratter."Defendants hired Alan Lee to analyze the due diligence conducted by Plaintiffs in connection with Plaintiffs' purchase of Schratter Foods Inc.("Schratter")—and to provide opinions related to that due diligence process.Plaintiffs filed aDaubertmotion to exclude Lee’s opinions and testimony because they are not relevant to the action.Read the article here: https://lnkd.in/dYuXkdQK

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#PreventiveMedicineExpertWitness#expertwitnessA district judge in Kentucky found the testimony of preventive medicine expert reliable while ruling on the Plaintiffs’ state law tort claims.Plaintiffs Mark and Deborah Brackett (the “Bracketts”) and Doug Coomer (“Coomer”) (collectively “Plaintiffs”) own properties in Clementsville, Kentucky. Defendant Columbia Gulf Transmission, LLC own a natural gas compressor station (the “Compressor Station”) adjacent to Plaintiffs’ properties.Plaintiffs alleged that since early September 2019, the Compressor Station has been emitting intolerable noise like “jet engines taking off” and exhaust odors that make breathing painful and cause headaches, and because of those conditions they have been distressed and unable to enjoy their properties.Plaintiffs’ state law tort claims are also based on the odors and pollutants allegedly emanating from the Compressor Station. They have disclosed Dr. Erin Haynes (“Dr. Haynes”) as an expert who has analyzed air quality data collected by a monitor inside the Bracketts’ home from April 2022 to October 2022. Defendants sought to exclude Haynes’ testimony based on lack of compliance with Fed. R. Civ. P. 26(a)(2)(B), relevance, and reliability.https://lnkd.in/gy_WGtzy