16 results for 'cat:"Experts" AND cat:"Class Action"'.
J. Shelby partially grants the plaintiff chicken growers' motion to exclude certain expert testimony in this multidistrict litigation alleging that the defendant poultry companies suppressed grower pay in violation of the Sherman Act. In rebuttal to the plaintiffs' expert, the poultry science professor cannot provide an opinion on the expert's econometric analysis, but he can "provide industry background opinions" to rebut any factual assumptions.
Court: USDC Eastern District of Oklahoma, Judge: Shelby, Filed On: May 15, 2024, Case #: 6:17cv33, NOS: Antitrust - Other Suits, Categories: Antitrust, experts, class Action
J. Tunheim grants the consumer and commercial indirect pork purchasers' and the direct pork purchasers' motions to certify classes in their antitrust action, and denies the port manufacturers' motions to exclude expert testimony of three experts. Each expert report satisfies the standard required for class certification, and all three classes satisfy the requirements of the civil procedure rules governing class actions.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 8, 2024, Case #: 0:18cv1776, NOS: Antitrust - Other Suits, Categories: Antitrust, experts, class Action
J. Merriam finds that the district court properly found for snack foods producer KIND in class multidistrict claims alleging deceptive advertising based on product labels containing the phrase "all natural." Class experts were properly precluded as biased, and three classes of New York, California, and Florida customers were properly decertified. Meanwhile, the class failed to establish a reasonable consumer's understanding of the term "all natural." Affirmed.
Court: 2nd Circuit, Judge: Merriam, Filed On: May 2, 2024, Case #: 22-2684, Categories: experts, class Action, False Advertising
J. Pepper partially grants Progressive's motion to exclude expert reports in the insured's class action arguing Progressive improperly calculates the actual cash value of insureds' totaled cars in order to short them on coverage. One of the three experts Progressive challenges is prohibited from testifying about the valuation process or methodology used by a company Progressive relies upon for such work, but Progressive's motion is denied as to two other experts. Progressive's unopposed motion for oral argument regarding class certification and summary judgment is granted, and arguments are scheduled for June 26, 2024.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 25, 2024, Case #: 2:22cv364, NOS: Insurance - Contract, Categories: Insurance, experts, class Action
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J. Lipman mostly denies the cheerleading defendants' motion to exclude certain expert testimony in this antitrust class action involving the cheerleading industry, specifically regarding the prices paid to participate in "competitive cheerleading competitions and camps." The economic expert's opinions are mostly admissible, as the defendants have not shown that her methodology for defining relevant markets is unreliable. The motion is granted, however, as to "her opinions regarding Varsity's motives."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: February 28, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, experts, class Action
J. Rosenstengel denies a crop protection manufacturer's motion to compel compliance with a third- party subpoena. A class of civilians, who suffer from Parkinson's disease due to exposure of herbicide paraquat, sufficiently showed in court that the crop protection manufacturer is not entitled to review documents, and work papers written by a neurologist.
Court: USDC Southern District of Illinois, Judge: Rosenstengel, Filed On: December 4, 2023, Case #: 3:23cv3204, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, experts, class Action
J. Kennelly denies a pharmaceutical company’s and patients’ motion to exclude the testimony of expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The pharmaceutical company’s motion for summary judgment on patients’ claims for express and implied breach of warranty, negligent misrepresentation, fraud, consumer protection and unjust enrichment is granted. However, the patients’ motion for summary judgment on claims of fail-to-warn, strict liability, loss of consortium and punitive damages shall be denied and returned to the home districts. The punitive damages question shall be transferred to the Middle District of Florida. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:17cv3775, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, experts, class Action
J. Kennelly grants in part a pharmaceutical company's motion to exclude the testimony of two expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The cardiovascular medicine expert is nonqualified for the testimony on marketing techniques and the regulatory expert's testimony properly applied a method to distinguish their condition from others that share similar clinical features. The pharmaceutical company's motion for summary judgment on patients' punitive damages and noneconomic damages is granted. However, the other claims for summary judgment shall be denied and returned to the home districts. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:15cv9699, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, experts, class Action
J. Kennelly grants in part a pharmaceutical company’s motion to exclude the testimony of two expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drug AndroGel. The cardiovascular medicine expert is nonqualified for the testimony on marketing techniques and the regulatory expert’s testimony properly applied a method to distinguish their condition from others that share similar clinical features. The pharmaceutical company’s motion for summary judgment on patients’ punitive damages and noneconomic damages is granted. However, the other claims for summary judgment shall be denied and returned to the home districts. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:17cv4117, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, experts, class Action
J. Wallach certifies class claims in which shareholders of a banking corporation allege disclosure violations occurred pertaining to compliance with anti-money laundering laws. However, merger arbitrageurs are excluded from the class. Meanwhile, the expert report passed the "Daubert" test, which supports damages theories for purposes of class certification.
Court: USDC Delaware, Judge: Wallach, Filed On: August 28, 2023, Case #: 1:15cv897, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Damages, experts, class Action
J. Polster denies Kroger's motion to exclude the expert witness's testimony, ruling his opinions on the results of several surveys of Ohio pharmacists - specifically, whether there were concerns about dispensing opioids - are not contradictory. Although he admits there were not specific questions about opioids, the answers about general concerns regarding dispensation of prescriptions indicate concern about the subset of opioid medications at issue in this lawsuit.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: August 18, 2023, Case #: 1:17md2804, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, experts, class Action
J. Thurston denies a farm labor contractor’s motion to exclude an expert witness and decertify a class on a worker’s wage claims. Contrary to the contractor's argument, the worker's expert testimony, which is based, in part, on data submitted by the contractor, is reliable.
Court: USDC Eastern District of California, Judge: Thurston, Filed On: May 23, 2023, Case #: 1:15cv1489, NOS: Other Labor Litigation - Labor, Categories: experts, class Action, Labor