Commercial Litigation and Arbitration

Unretained Experts — Broad, Summary Disclosures under Rule 26(a)(2)(C) Sufficient

Estate of Lance v. Lewisville Indep. School Dist., 2012 U.S. Dist. LEXIS 66190 (E.D. Tex. May 11, 2012):

Dr. Walker will testify regarding the provision of special education services to students, and specifically how those services were provided to Montana Lance. Dr. Alexander will testify regarding psychological and special education assessments of school children, responses to suicidal outcries, the provision of psychological services in a school setting, and LISD's provision of these services. Ms. Ladehoff will testify regarding the recognition, assessment, and response to suicidal outcries in school-age children, and the provision of counseling services to students. Finally, Dr. Rogers will testify regarding the policies and procedures surrounding bullying in schools and the application of the policies in the circumstances involved in this case. Each of these topics is relevant to the claims asserted by Plaintiffs.

Plaintiffs assert that Defendant's disclosures were inadequate to provide sufficient information about each of its expert witnesses. However, the Court finds that Defendant's disclosures meet the requirements of Federal Rule of Civil Procedure 26(a)(2)(C), which requires Defendant to "state (i) the subject matter on which the witness is expected to present evidence under Federal Rule of Evidence 702, 703, or 705; and (ii) a summary of the facts and opinions to which the witness is expected to testify." Defendant clearly submitted this minimum requirement to Plaintiffs.

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