Agricultural economics expert witness succumbs to Daubert challenge in Vermont

Recently a world renowned agricultural economics expert witness was challenged on various grounds under Daubert and its progeny in the case Allen v. Dairy Marketing Services, LLC. The Vermont district court granted the motion to exclude in part and denied it in part, commenting that weaknesses in expert testimony is best addressed by cross-examination during […]

read more

Economic expert witness fails to clear Daubert hurdle in Missouri

Recently an economic expert witness was called on board to testify about lost wage issues. Unfortunately, he failed to clear the Daubert challenges posed by the opposite party and the Missouri district court had no choice but to exclude his expert testimony. Particulars of the case Plaintiff Roger Mallicoat was employed as a deckineer on […]

read more

Experts can assist jurors even without a concrete methodology: Pennsylvania district court

In yet another unexpected judgment, the Pennsylvania district court has declared on December 5, 2013 that “even if an expert does not have a concrete methodology, the expert’s testimony can still assist the average juror and prove to be helpful.” (Wonderland Nurserygoods Co., Ltd. v. Thorley Industries, LLC) Background of the case Plaintiff Wonderland Nursery […]

read more

Economic expert witness testimony on patent damages accepted by Court

The case of Kimberly-Clark Worldwide, Inc. v. First Quality Baby Products, LLC recently witnessed some interesting legal discussion on patent infringement and damages issues, as the Pennsylvania District Court decided to allow the defense expert to go ahead with his testimony. Details of the case In this action encompassing eleven patents-in-suit related to various components of […]

read more

Forensic economics expert witness used unreliable methodology to give speculative opinion: First Circuit

In a recent ruling on Smith v. Jenkins, the United States Court of Appeals for the First Circuit held the Plaintiff’s forensic economics expert witness to have been improperly admitted by the Massachusetts District Court, and sent the case back for new trial on damages. Not only was the expert’s methodology found questionable, his testimony on damages from loss […]

read more

Tenth Circuit approves co-authored expert report in accountancy fraud

Noting that “co-authored expert reports aren’t exactly uncommon”, the Tenth Circuit recently approved one prepared by Keith Prescott and Val Oveson, two accounting experts from Wisan, Smith, Racker & Prescott LLP in the case of Dale K. Barker Co., P.C. v. Valley Plaza. Particulars of the case Larry and Patricia Sumrall needed professional help with […]

read more

Affirming exclusion of economic expert witness, Eleventh Circuit explains difference between Rule 702 and 703

When an expert relies on inadmissible information, Rule 703 requires the trial court to determine whether that information is of a type reasonably relied on by other experts in the field. However, the question whether the expert is relying on a sufficient basis of information—whether admissible information or not—is governed by the requirements of Rule […]

read more

Economic expert witness barred from using revised methodology in lost earning capacity case

Although use of proper methodology is an essential requirement in expert witness reports, they cannot go on revising it, as that would result in unduly prejudicing the opposite party. This fact was once again stressed upon by the District Court of the Virgin Islands while ruling on the case Jerome v. Watersports Adventure Rentals and […]

read more

Agricultural economics expert witness fails to prove lost profits in Minnesota despite his “milk loss” theory

“A plaintiff seeking damages for a dairy farm’s losses due to stray voltage is not entitled to damages solely upon proof of “milk loss” without any evidence of the existence or non-existence and amount of any offsetting decrease in the plaintiff’s expenses” – ruled the Court of Appeals of Minnesota, unconvinced by the testimony of […]

read more

Securities Expert Witness was improperly excluded: Third Circuit

The U.S. Court of Appeals, Third Circuit recently reversed a securities fraud case after it found that the securities expert witness testimony of the Defendant was improperly excluded by the Pennsylvania District Court in March 2012. Details of the case Pursuant to a Stock Purchase Agreement, Defendant Gregory W. Call agreed to sell three companies […]

read more