• Apex Fin. Options LLC v. Gilbertson

    Publication Date: 2022-02-22
    Practice Area: Expert Witnesses
    Industry: Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69720

    The court found defendants' expert opinion ostensibly about valuation to be outside the scope of the expert's qualifications, to be unhelpful to the trier of fact, and to be unreliable because of reliance on irrelevant data.

  • DiStefano v. KW Solar Sols., Inc.

    Publication Date: 2019-07-17
    Practice Area: Expert Witnesses
    Industry: Construction | Energy
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Blake A. Bennett and Christopher H. Lee, Cooch and Taylor, P.A., Wilmington, DE for plaintiffs.
    for defendant: Robert D. Goldberg, Biggs and Battaglia, Wilmington, DE for defendants.

    Case Number: D68632

    Plaintiffs' expert could testify as to the presence of mold in plaintiffs' home, given the expert's training, certifications, and experience in the mold inspection industry.

  • TC Tech. LLC v. Sprint Corp.

    Publication Date: 2019-07-03
    Practice Area: Expert Witnesses | Patent Litigation
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Kelly E. Farnan and Katharine L. Mowery, Richards, Layton & Finger, P.A., Wilmington, DE; Lawrence J. Gotts, Saswat Mis-ra, Kevin L. Mallen and Gabriel S. Gross, Latham & Watkins LLP, Washington, DC, New York, NY, and Menlo Park, CA; Stephanie N. Solomon, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY; David S. Benyacar and Daniel L. Reisner, Arnold & Porter Kaye Scholer LLP, New York, NY for plaintiff.
    for defendant: Shanti M. Katona and Christina M. Belitz, Polsinelli PC, Wilmington, DE; Robert Reckers, David Morehan, Christine A. Guas-tello, Jordan T. Bergsten, Colman D. McCarthy and Thomas M. Patton, Shook, Hardy & Bacon LLP, Houston, TX and Kansas City, MO for defendants.

    Case Number: D68620

    The court granted several aspects of the parties' various motions to limit expert testimony where the experts did not tie their opinions to the facts of the case.

  • State of Delaware v. Pierce

    Publication Date: 2019-03-20
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Annemarie H. Puit, Matthew B. Frawley and Jenna R. Milecki, Department of Justice, Wilmington, DE for the state.
    for defendant: Eugene J. Maurer, Jr. and Elise K. Wolpert, Wilmington, DE for defendant.

    Case Number: D68499

    Geolocation information from a defendant's phone was sufficiently reliable, and expert testimony would assist the jury in un-derstanding the evidence.

  • Ayala v. State of Delaware

    Publication Date: 2019-02-27
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Bernard J. O'Donnell and James O. Turner, Jr., Office of the Public Defender, Wilmington, DE for Javier Ayala
    for defendant: Carolyn S. Hake, Department of Justice, Wilmington, DE for the state

    Case Number: D68477

    The trial court did not abuse its discretion in admitting a chemist's results from hypergeometric testing.

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  • Murphy v. Delaware Transit Corp.

    Publication Date: 2019-02-20
    Practice Area: Expert Witnesses | Occupational Safety and Health
    Industry: State and Local Government | Transportation
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: A. Dale Bowers, Law Office of A. Dale Bowers, P.A., Wilmington, DE for Reginald Murphy.
    for defendant: John J. Klusman, Tybout Redfearn & Pell, Wilmington, DE for Delaware Transit Corp.

    Case Number: D68466

    The Industrial Accident Board's decision to deny a worker's claim for additional benefits was supported by substantial evidence.

  • Wong v. Broughton

    Publication Date: 2019-02-20
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Joshua H. Meyeroff, Morris James LLP, Wilmington, DE for Peter J. Wong, M.D. and Dedicated to Women OB-GYN, P.A.
    for defendant: Bruce L. Hudson and Ben T. Castle of Hudson & Castle Law, LLC, Wilmington, DE for Monica Brough-ton and Amari M. Broughton-Fleming.

    Case Number: D68470

    Expert medical testimony in this medical malpractice case did not rely on res ipsa loquitur and was properly admitted into evidence.

  • Agostini v. Blenheim at Augustine Creek, LLC

    Publication Date: 2019-01-23
    Practice Area: Contractual Disputes | Expert Witnesses | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Dean R. Roland, Cooch and Taylor P.A., Wilmington, DE for plaintiff.
    for defendant: Jeffrey M. Weiner, Wilmington, DE for defendant.

    Case Number: D68430

    Jury waiver was enforceable where the heart of plaintiffs' claims went to their request to be made whole under the operative contract and the waiver language was sufficiently conspicuous to place readers on notice they were waiving the right to jury trial.

  • Alarm.com, Inc. v. Securenet Tech. LLC

    Publication Date: 2019-01-23
    Practice Area: Expert Witnesses | Patent Litigation
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Mary B. Matterer and Kenneth L. Dorsney, Morris James LLP, Wilmington, DE; Ian R. Liston, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; James C. Yoon, Ryan R. Smith, Christopher D. Mays and Mary A. Procaccio-Flowers, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA for plaintiffs.
    for defendant: Jack B. Blumenfeld and Stephen J. Kraftschik, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Erik B. Milch and Frank Pietrantonio, Cooley LLP, Reston, VA; Rose Whelan and Naina Soni, Cooley LLP, Washington, DC for defendant.

    Case Number: D68433

    Portions of defendant's motion to exclude an expert's lost profit opinion went to the weight and not the admissibility of the evidence, but the court excluded other parts of the expert's testimony.

  • Virola v. Berryhill

    Publication Date: 2019-01-09
    Practice Area: Administrative Law | Expert Witnesses
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Thynge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68415

    ALJ could afford treating physicians' testimony less weight during SSDI application hearing where physicians' conclusions regarding applicant's limitations were unsupported by the medical record and by the ALJ's observations of the applicant.