MORGENS, WATERFALL, VINTIADIS & CO., INC. v. Donaldson, Lufkin & Jenrette Securities Corporation

S.D. New York

MORGENS, WATERFALL, VINTIADIS & CO., INC. v. Donaldson, Lufkin & Jenrette Securities Corporation

198 F. Supp. 2d 432, 2002 U.S. Dist. LEXIS 6759, 2002 WL 550079

CourtDistrict Court, S.D. New York

DecidedApril 8, 2002

Docket00 CIV. 9527(MP)

StatusPublished

This text of 198 F. Supp. 2d 432 (MORGENS, WATERFALL, VINTIADIS & CO., INC. v. Donaldson, Lufkin & Jenrette Securities Corporation) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

MORGENS, WATERFALL, VINTIADIS & CO., INC. v. Donaldson, Lufkin & Jenrette Securities Corporation, 198 F. Supp. 2d 432, 2002 U.S. Dist. LEXIS 6759, 2002 WL 550079 (S.D.N.Y. 2002).

Pincite

Opinion

*433 ORDER

MILTON POLLACK, Senior District Judge.

The motion in limine by the defendant and counter claim plaintiff Donaldson, Luf-kin & Jenrette Securities Corporation for an order excluding at trial the expert testimony of Candace L. Preston is granted, without prejudice however, to a gatekeeper hearing before the Court during a recess of the trial, to determine her status as an expert witness after testimony has been adduced by plaintiff on the factual issues of the alleged misrepresentations to plaintiffs, their materiality to plaintiffs, the plaintiffs’ reliance thereon and claimed damages to plaintiffs’ therefrom.

As presently advised the Court is of the firm belief that her studies for an expert role in this case include impermissible speculation. The Court is not required to admit out of hand, Opinion evidence which is substantially connected to existing data only by the ipse dixit of the expert and by subjective conclusions that have not been validated or are not objectively verifiable.

Preston’s credentials themselves do not warrant her acceptance of the facts to be established and conclusions proposed to be expressed thereon.

So ORDERED.

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*433 ORDER

MILTON POLLACK, Senior District Judge.

The motion in limine by the defendant and counter claim plaintiff Donaldson, Luf-kin & Jenrette Securities Corporation for an order excluding at trial the expert testimony of Candace L. Preston is granted, without prejudice however, to a gatekeeper hearing before the Court during a recess of the trial, to determine her status as an expert witness after testimony has been adduced by plaintiff on the factual issues of the alleged misrepresentations to plaintiffs, their materiality to plaintiffs, the plaintiffs’ reliance thereon and claimed damages to plaintiffs’ therefrom.

As presently advised the Court is of the firm belief that her studies for an expert role in this case include impermissible speculation. The Court is not required to admit out of hand, Opinion evidence which is substantially connected to existing data only by the ipse dixit of the expert and by subjective conclusions that have not been validated or are not objectively verifiable.

Preston’s credentials themselves do not warrant her acceptance of the facts to be established and conclusions proposed to be expressed thereon.

So ORDERED.

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Bluebook (online)

198 F. Supp. 2d 432, 2002 U.S. Dist. LEXIS 6759, 2002 WL 550079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgens-waterfall-vintiadis-co-inc-v-donaldson-lufkin-jenrette-nysd-2002.