Commercial Litigation and Arbitration

Taking a Scalpel Rather than a Hatchet to Expert Economic Testimony

From Cummins-Allison Corp. v. SBM Co., 2008 U.S. Dist. LEXIS 88995 (E.D. Tex. Nov. 3, 2008) (Clark, J.):

As a young attorney, the undersigned appeared before an older judge who dismissed all expert opinions on damages as unreliable and drastically curtailed such testimony. This approach shortens trials, but constraining expert testimony with reasonable assumptions applied in light of Fed. R. Evid. 702 and the Daubert analysis seems to be preferable.

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