In re Columbia Pipeline Group
“In plaintiffs' action against an energy company for aiding and abetting alleged breaches of fiduciary duty by the officers of a pipeline company, the court granted a motion in limine to exclude an expert's report under Del. R. Evid. 702(a) because it expressed a legal opinion on whether the fiduciaries' conduct was reasonable. [Also], [t]he expert report impermissibly expressed opinions about state of mind, which were factual determinations for the court to make. [Finally] [t]he expert offered impermissible opinions about whether the parties believed their agreement was breached, because he interpreted the agreement using extrinsic evidence.”
Expert Excluded for Offering Legal and State of Mind Opinions in Delaware
“In plaintiffs' action against an energy company for aiding and abetting alleged breaches of fiduciary duty by the officers of a pipeline company, the court granted a motion in limine to exclude an expert's report under Del. R. Evid. 702(a) because it expressed a legal opinion on whether the fiduciaries' conduct was reasonable. [Also], [t]he expert report impermissibly expressed opinions about state of mind, which were factual determinations for the court to make. [Finally] [t]he expert offered impermissible opinions about whether the parties believed their agreement was breached, because he interpreted the agreement using extrinsic evidence.”
KMG Kanal-Mueller-Gruppe Deutschland GMBH & Co. KG, et al. v. Robert C. Davis
The Texas Court of Appeals, 1st District, affirmed the trial court's admission of an economist, who held a Ph.D. in economics but was not a CPA and who testified to the amount of damages stemming from the loss of a 5% interest in a corporate entity.