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The Litigation Side of Forensic Accounting Copyrighted 2001 D. Larry Crumbley, CPA, Cr.FA, CFD KPMG ... - page 144 / 275

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© D.L. Crumbley

Qualifying as an Expert

In an antitrust dispute a District Court excluded an economist and awarded summary judgment to plaintiff. Fourth Circuit affirmed the exclusion, saying that the expert had an MBA and significant executive experience in the relevant industry, but he subscribes to no economics journals, could identify no economics journals, had published no economics-related articles, was unfamiliar with basic terms employed by economists in antitrust analysis, had never conducted any relevant market analysis, and had read only materials provided to him by counsel.

Berlyn, Inc. v. Gazette Newspapers. Inc., No. 02-2152 (CA-$. Aug. 18, 2003) (unpublished).

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Just because the expert has a MD degree is not enough to qualify him to give an opinion on every conceivable question.

Christopherson v. Allied Signal Corp., 939 F.2d 1106 (CA-5, 1991)

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