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Articles by Zach Barreto

Bed & Breakfast Allegedly Violates Fair Labor Standards Act

Court: United States District Court for the District of Maryland Jurisdiction: Federal Case Name: Balbed v. Eden Park Guest House, LLC Citation: 2019 U.S. Dist. LEXIS 132738 Facts The plaintiff filed a motion against the defendant alleging that she had…

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Court Finds Vocational Rehabilitation Issues Within Scope of Expertise for Economics Expert 

Court: United States District Court for the District of Nebraska Jurisdiction: Federal Case Name: Reynolds v. Western Sugar Coop. Citation: 2019 U.S. Dist. LEXIS 140833 Facts The plaintiff, Trenton Reynolds, suffered severe burn injuries in an industrial accident at the…

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Challenges to an Expert’s Believability Are Not Relevant at Class Certification Stage

Court: United States District Court for the District of Nevada Jurisdiction: Federal Case Name: Hartmann v. Uponor, Inc. Citation: 2013 U.S. Dist. LEXIS 203164 Facts The plaintiffs brought this product liability class action lawsuit against the defendants claiming the defendants…

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Intellectual Property Expert Testimony That Leans on Legal Summary May be Excluded as Rebuttal Testimony

Court: United States District Court for the Eastern District of Wisconsin Jurisdiction: Federal Case Name: Nordock Inc. v. Sys. Inc. Citation: 2013 U.S. Dist. LEXIS 26079 Facts The plaintiff and the defendant were rivals that designed, manufactured, marketed, and sold…

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Veterinary Expert May Opine on Animal’s Cause of Death Without Conducting Scientific Testing

Court: Court of Appeals of Alaska Jurisdiction: Federal Case Name: Mollet v. State Citation: 2019 Alas. App. LEXIS 47 Facts The appellant was convicted of 4 counts of animal cruelty by a district court. The jury concluded that the appellant…

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Tardy Expert Report Submissions are Acceptable Provided There is no Evidence of Mala Fide

Court: United States District Court for the Eastern District of Pennsylvania Jurisdiction: Federal Case Name: Pansini v. Trane Co. Citation: 2019 U.S. Dist. LEXIS 46749 Facts The plaintiffs purchased an HVAC system from the defendants. The defendants performed a faulty…

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Court Criticizes Automotive Expert Testimony as “Exactly the Sort of Speculation Daubert is Designed to Exclude”

Court: United States District Court for the Eastern District of Arkansas, Western Division Jurisdiction: Federal Case Name: Powell v. Camping World RV Sales LLC Citation: 2015 U.S. Dist. LEXIS 193924 Facts The plaintiffs bought a motorcoach which malfunctioned secondary to…

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Pharmacology Expert’s Use of Dated Studies Affects Weight of Testimony, Not Admissibility

Court: United States District Court for the Northern District of Illinois, Eastern Division Jurisdiction: Federal Case Name: In re Testosterone Replacement Therapy Prods. Liab. Litig. Coordinated Pretrial Proceedings Citation: 2018 U.S. Dist. LEXIS 143368 Facts The plaintiffs filed a multi-district…

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An Asbestos Expert Doesn’t Need an MD to Provide Historical Overview of Medical Literature

Court: United States District Court for the Western District of Washington Jurisdiction: Federal Case Name: Jack v. Borg-Warner Morse TEC LLC Citation: 2018 U.S. Dist. LEXIS 135424 Facts The plaintiffs claimed that decedent was exposed to asbestos while using various…

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Court Finds Construction Defect Experts May Not Offer Legal Conclusions

Court: United States District Court for the Western District of Louisiana Jurisdiction: Federal Case Name: Jeanes v. McBride Citation: 2019 U.S. Dist. LEXIS 105136 Facts The plaintiff brought a suit against the defendant regarding the defendant’s construction of a building…

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