Friday, May 20, 2005

5th Circuit Affirms Exclusion of Causation & Damages Testimony in Antitrust Suit

The Fifth Circuit has issued an unpublished opinion affirming the trial court's exclusion of plaintiffs' evidence on causation and damages in an antitrust action involving the tortilla market. Neither expert sufficiently grounded his opinion in the facts of the case. See El Aguila Food Prods., Inc. v. Gruma Corp., No. 04-20125 (5th Cir. May 17, 2005) (Davis, Smith, & DeMoss, 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.