Wednesday, October 03, 2007

2d Cir. affirms exclusion of expert under Daubert

. . . because he never examined the subject machines, reviewed any relevant literature, or obtained an exemplar machine upon which to conduct testing -- rendering his opinions "not reliable" because they were not "grounded on sufficient facts or data." LaBarge v. Joslyn Clark Controls, Inc., 2007 WL 2788253 (2d Cir. Sept. 26, 2007), affirming on other grounds Judge Skretny's decision published at 2006 WL 2795612. Consequently, SJ was awarded in favor of the Ds.


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