690 results for 'cat:"Experts"'.
Per curiam, the appellate division finds that the lower court properly dismissed a negligence claim due to failure to prove a serious injury under the meaning of state insurance laws. Although the injured party offered an MRI scan to prove the injuries, a defense expert opined that the low impact of the accident in question could not have caused the claimed injuries, which rather appeared to be degenerative in nature. The medical records themselves contain no evidence of bodily limitations contemporaneous with the accident, but rather merely the report of a pain management doctor who examined the injured person years later. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02600, Categories: Negligence, experts
J. McShan finds that the lower court properly convicted defendant of predatory sexual assault against a child and sexual abuse involving three alleged victims. Defendant contends the children's delay in disclosing the alleged abuse suggested fabrication, but they testified they were afraid of defendant, and expert witnesses credibly testified about the reasons minors may delay in reporting abuse. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 9, 2024, Case #: 110741, Categories: Evidence, experts, Child Victims
Per curiam, the court of appeals grants the pest control company's petition for a writ of mandamus. The company seeks to compel the trial court to withdraw its order denying its motion to compel a physical and mental examination of the parties in a car collision case. Expert examination is required to obtain a fair trial and, therefore, necessitates the intrusion upon the injured parties' privacy.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 09-24-00007-CV, Categories: Tort, Vehicle, experts
J. Nardacci allows a biomechanical engineer to testify in a personal injury lawsuit over injuries suffered in a ski accident, finding the engineer is allowed to provide testimony regarding causation, including whether additional padding on the unmarked pole could have prevented, or at least reduced, the severity of her injuries. Additionally, the court allows both a ski safety expert and a non-treating orthopedist to provide testimony on behalf of the skiier, but reserves its decision on whether the physician can offer an opinion regarding whether the skiier will require a cesarian section to deliver any children she may have in the future.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: May 9, 2024, Case #: 1:20cv563, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, experts
J. Pena finds that the lower court properly denied the appellant’s dismissal motion pursuant to Chapter 74. The appellant contends that the plaintiff’s claim is a health care liability claim and that the expert report was not timely served. However, the complaint concerns the handling of a refund request after a surgery was not performed. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: May 9, 2024, Case #: 13-22-00508-CV, Categories: Health Care, experts, Contract
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Per curiam, the appellate division finds that the lower court improperly dismissed a medical malpractice and ordinary negligence suit. At the nursing home facing the claim, registered nurses performed all patient assessments, so the claimant's nursing expert had the requisite experience to opine as to whether the fall in question could have been prevented. Further proceedings are needed since challenges regarding an expert's qualifications do not affect the admissibility of their testimony, but rather the weight it should be afforded. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02608, Categories: experts, Medical Malpractice
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. Johnson finds that defendant was properly convicted of first degree rape of a juvenile under the age of 13. The victim testified that defendant, his mother's ex-boyfriend, sexually abused him when he was seven or eight years old, and that the abuse occurred when his mother was at work. Further, defendant did not challenge the state's intent to call a nurse as an expert to specifically address the issues of “general child sexual abuse, specifically addressing issues of delayed disclosure and the affect sexual abuse may have on children concerning delayed and partial disclosure." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: May 8, 2024, Case #: 23-KA-375, Categories: Evidence, Sex Offender, experts
J. Duffin denies the technology corporation's motion for summary judgment in a lawsuit from a pet distributor over a contract for the corporation to develop a new web portal for the distributor's services that the distributor says never functioned properly. Because it is supported by admissible lay testimony from the distributor's project team, most of the distributor's breach of contract claim does not necessarily require expert testimony and has enough substance to survive the corporation's motion.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: May 8, 2024, Case #: 2:22cv563, NOS: Other Contract - Contract, Categories: experts, Contract
J. Aiken denies the families' motion to exclude expert Jim Dimas from its complaint that Governor of Oregon Tina Kotek and others run an underresourced foster care system that removes children from their parents' homes and does not provide stable housing for them. Dimas has over 40 years of experience working in, managing and directing human services agencies and his testimony includes what an effective remedy for this situation might look like.
Court: USDC Oregon, Judge: Aiken, Filed On: May 8, 2024, Case #: 6:19cv556, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, experts
J. Guidry denies competing requests by a maritime employer and its employee to exclude testimony by one another’s expert in a personal injury case. The steersman, who allegedly suffered a back injury while performing deck work on a tug and barge fleet, has sufficiently established his expert’s testimony is based on his expertise and experience as a boat captain and that his testimony will be helpful to the jury. Likewise, testimony by the towing company’s expert, also an experienced riverboat captain, will be helpful to the jury because the case involves maritime matters that can assist a layperson.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: May 8, 2024, Case #: 2:22cv237, NOS: Marine - Contract, Categories: Civil Procedure, Jury, experts
Per curiam, the appellate division finds that the lower court properly declined to declare the location of the border between the parties' properties, which effectively granted one owner a strip of land measuring barely four feet wide. The practical location of a boundary line and an agreement to it concludes the location of such a boundary so long as there is mutual acquiescence. The deeds in question clearly demarcate the adjoining properties and have been marked physically with a cinder block wall for over 10 years. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02519, Categories: experts, Medical Malpractice
J. Westbrooks finds the commission properly increased the former police officer's disability benefits and found she suffered an 80% loss in earning capacity after a near-death assault by a suspect. While testimony from the police department's physician attributed at least some of her PTSD to general work conditions, the testimony from an independent medical evaluator supported the increase in benefits. The commission was in the best position to determine witness credibility and because it did not completely disregard the evidence from the police physician, its decision was not against the weight of the evidence. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: May 7, 2024, Case #: 2022-WC-1050, Categories: Employment, experts, Workers' Compensation
J. Ellison finds that a homeowner whose house was damaged in a flood and now disputes the cost of the damages with his insurance company has not provided sufficient evidence on several of his claims. Many of the claims are based on the estimates of an insurance adjuster that the homeowner hired however the court grants the insurance company’s motion to strike the homeowner’s expert because the expert refuses to provide his resume or other qualifications. The insurance company’s own expert indicated that the damage compensation provided by the insurance company is inadequate to so a dispute of fact as to the cost of the damages exists. The homeowner’s claims based on his own repairs and the dispute of fact can proceed but the insurance company is granted summary judgment on all other claims.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: May 7, 2024, Case #: 4:23cv34, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, experts
J. Wilkin finds the trial court properly granted the Department of Forestry's motion to quiet title. Its expert witness established property boundaries for the state park and the neighboring landowner, including former boundary agreements and markers on the disputed land. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: May 7, 2024, Case #: 2024-Ohio-1842, Categories: Government, Property, experts
J. Ashe grants a request by the owner of an offshore supply boat to dismiss a purported expert for the vessel’s captain in his maritime personal injury case. While nobody challenges his qualifications as a mechanical engineer, both his report and deposition demonstrate his lack of expertise in naval architecture, marine engineering and vessel operations. He cannot offer expert opinions regarding the cause or effect of vessel “slamming” during offshore cargo operations that allegedly injured the captain.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: May 6, 2024, Case #: 2:23cv1712, NOS: Marine - Contract, Categories: Maritime, Negligence, experts
J. Ray denies the employer's motion to exclude an independent medical examiner and a vocational evaluator as experts in a negligence action brought by the individual arising from injuries he suffered in a vehicle collision with the employee. Although the individual failed to properly disclose the evaluator and examiner, the error was harmless. The employer's motions to exclude the testimony of a collision investigation expert and to exclude or limit the testimony of a financial loss expert are also denied. The individual's motions to exclude the testimony of the employer's damages expert and biomechanics expert are denied. The damages expert's testimony is relevant and helpful.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: May 6, 2024, Case #: 4:22cv62, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence, experts
J. Biggs orders that the NAACP in North Carolina cannot use five witnesses it proposed in this ongoing voting rights suit against the state’s board of elections. The NAACP moves for clarification, but the magistrate judge’s order clearly stated who is and is not allowed to be considered as a witness, and these five are either specifically named or inferred in that list. Thus, the NAACP objects to the order and is not seeking clarification. Adding or replacing any witnesses would prejudice the process.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: May 4, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: Elections, Government, experts
J. Jones orders the insureds to respond to two of the insurance company's interrogatories for the insureds' complaint alleging that the insurance company must fully cover the insureds' underinsured motorist claim. One of the interrogatories is relevant to the case because it deals with employment history and the insureds claim that they lost substantial wages, while the other interrogatory deals with why the insureds think that the insurance company violated the Insurance Fair Conduct Act, and the insureds cannot delegate their duty to respond on their expert witness.
Court: USDC Western District of Washington, Judge: Jones, Filed On: May 3, 2024, Case #: 2:23cv420, NOS: Insurance - Contract, Categories: Insurance, experts, Discovery
Per curiam, the circuit finds that the district court properly dismissed trademark infringement claims contending Thom Browne used product markings resembling sneaker giant adidas' three-stripe logo. Adidas contends the jury instructions did not sufficiently focus on consumer confusion before and after sales, rather than at the point of sale, but prejudicial error had not occurred since the court emphasized the affected periods multiple times. Furthermore, testimony from an adidas expert on branding was properly blocked because his methodology was deemed unreliable in surveying the opinions of "fashionistas on the web." Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 3, 2024, Case #: 23-166, Categories: Jury, Trademark, experts
J. Christensen finds that the juvenile was improperly denied additional expert witness fees at state expense regarding weapon and drug violations because the state failed to outline the reasons for denying a doctor's drive-time expenses. Reversed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: May 3, 2024, Case #: 23-0214, Categories: Juvenile Law, experts
J. Papik finds the trial court properly convicted defendant for murder, assault and use of a deadly weapon to commit a felony. It is undisputed the 16-year-old defendant fired multiple shots after an argument at a shopping mall, killing the victim. Surveillance video showing all events supports the conviction. The court properly excluded the evaluating psychologist's testimony suggesting the initial shot fired by defendant put him in a state of peritraumatic dissociation, as it did not assist the trier of fact to understand the evidence or determine a factual issue. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: May 3, 2024, Case #: S-22-934, Categories: Murder, Weapons, experts
J. Alvord finds the lower court properly dismissed the inmate's second habeas petition despite expert testimony that rebutted the state's conclusion the shooting victim died of a contact wound. Not only did the expert's testimony merely cast doubt on whether the victim had a gun pressed against his skin at the time of the shooting, but there was other, overwhelming evidence to convict the inmate, who failed to show any prejudice. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: May 3, 2024, Case #: AC46270, Categories: Habeas, Ineffective Assistance, experts
J. Crews excludes expert testimony in retaliation claims in which plaintiff, a double amputee who uses a wheelchair for mobility, contends the homeowners' association failed to properly remove snow or provide him an assigned parking spot in front of his unit, as the standard upon which the expert reached her conclusions was inconsistent with standards used in civil trials.
Court: USDC Colorado, Judge: Crews, Filed On: May 2, 2024, Case #: 1:22cv2042, NOS: All Other Real Property - Real Property, Categories: Ada / Rehabilitation Act, experts
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