Highland Construction Management Services, LP v. Wells Fargo Bank, NA ex rel. Ira

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• permitting expert testimony about what other uses of force would have been authorized under the circumstances
• discussing cases and holding that expert opinions must stop short of framing the ultimate legal conclusion which the jury must reach
• allowing an expert to testify as to “nationally recognized police standards” specifically “governing the use of excessive force, as well as the specific [county’s] excessive force guidelines to which” the officer was subject and which the expert reviewed
• excluding statements that “the level of force used . . . served no objectively reasonable purpose,” “[Officer] Simpkinson’s actions . . . failed to be objectively reasonable,” and “there was no reasonable belief on the part of [Officer] Simpkinson.”
• ‘[T]he expert’s opinion must stop short of embracing the ‘legal terminology’ which frames the ultimate legal conclusion which the jury must reach in the case.”
• court \will be vigilant in precluding [the expert from] expressing opinions that embrace the actual legal conclusion that the jury is asked to decide in this case\

Source: CourtListener parenthetical corpus (CC0).