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Posts tagged "federal expert disclosure scope remedy"

Expert Disclosures in Federal Court

In an apparently unpublished decision, Magistrate Judge Sullivan of the federal district court has held that Rule 26(a)(2) requires the disclosure of all facts or data considered by an expert witness, not just the facts or data upon which the expert relies.  The issue arose in the context of a trademark dispute between two local jewelry manufacturers.  Plaintiff's expert used a consumer survey as part of his analysis to conclude there was a likelihood of confusion between the parties' marks.  However, the expert's disclosure did not include the entire survey, only those parts on which the expert relied, nor did the disclosure include the raw survey results, i.e., all the respondents' answers to all the questions.  Defendant moved to compel the production of the entire survey and all its results.  Plaintiff produced the complete survey and results two weeks before defendant's expert disclosures were due.