Wednesday, June 30, 2004

10th Circuit Affirms Exclusion of Expert's Opinion on Damages

The Tenth Circuit has published an opinion upholding the exclusion of an expert's testimony in support of a damage model because: (1) the expert exhibited an "utter lack of any familiarity, knowledge, or experience with damages analysis"; (2) his methods were "misleading, not reliable, and unsupported by use in any other comparable setting" and did not fit the facts of the case; and (3) the testimony would have confused the jury rather than assisting it. See Lifewise Master Funding v. Telebank, No. 03-4086 (10th Cir. June 29, 2004) (Ebel, Kelly, & McConnell, JJ.).


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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.