Court Decides on Motions to Exclude Under Post-Dec. 1, 2023, FRE 702

BVLaw
Court Case Digests
October 4, 2024
3272 Concrete Products, Except Block and Brick
238120 Structural Steel and Precast Concrete Contractors
economic damages & lost profits
damages, breach of contract, daubert, expert testimony, rule 702, reliability, expert report, motion to exclude, qualifications

TAKTL, LLC v. IWR, N. Am., LLC
2024 U.S. Dist. LEXIS 181564
US
Federal Court
Pennsylvania
United States District Court
James V. Farrell, Mark M. Gleason, Gregory Landgraf
David Stewart Cercone

Summary

This case, a breach of construction contract case, again provided a tutorial on the application of FRE 702 and the Daubert rules as to whether a witness qualified to testify. This case was post-Dec. 1, 2023, so the rule application was subject to the clarification of FRE 702 that became effective on that date. The court went in depth into the “fit” requirement, which was: Did the expert adequately apply testimony and a report that “fit” the case at hand, a requirement clarified by the Dec. 1, 2023, changes?

See Also

TAKTL, LLC v. IWR, N. Am., LLC

This case, a breach of construction contract case, again provided a tutorial on the application of FRE 702 and the Daubert rules as to whether a witness qualified to testify. This case was post-Dec. 1, 2023, so the rule application was subject to the clarification of FRE 702 that became effective on that date. The court went in depth into the “fit” requirement, which was: Did the expert adequately apply testimony and a report that “fit” the case at hand, a requirement clarified by the Dec. 1, 2023, changes?