Certain expert testimony is stricken where documents were not produced
Robinson, J. Motion to exclude certain expert testimony is granted. Motion to strike affirmative defense of estoppel is deferred.
The Court grants plaintiff’s motion to exclude portions of the opinion of defendant’s expert Dr. Kenneth J. McClellan. The expert is a research scientist working in the field of Materials Science and Engineering. His work deals with homeland protection and national security and his opinion is based, in part, on certain work performed at the Los Alamos National Laboratory (“LANL”). He is not permitted to use any work related materials for anything related to the case, nor is he permitted to produce any documents to the parties in the instant litigation. Plaintiff moves to strike that part of his report relating to his work done or reviewed at LANL for which there is no supporting documentation that is publically available. The Court agrees on the basis of fairness. Plaintiff’s motion to strike the affirmative defense of estoppel is held in abeyance. Because the record created by the parties relating to the affirmative defense is unclear, the Court defers ruling on the motion until certain information has been exchanged by the parties including the proffer of evidence that defendant intends to admit at trial and the prejudice plaintiff will suffer if defendant is permitted to pursue the defense.
A full copy of the opinion is available here.
