Judge considers appointing expert in class action

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 24, 2023 10:51 AM

A federal judge in Nebraska relied on an extensive set of standards developed by the 7th U.S. Circuit Court of Appeals when deciding whether to grant a request for appointment of a neutral expert, under Federal Rule of Evidence 706, in a class action against a trucking company.The plaintiffs won summary judgment on liability for one of their claims about unpaid wages under the Fair Labor Standards Act; but a report from their damages expert was knocked out as tardy under Federal Rule of Civil Procedure 37(c)(1), leaving …

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