Can a court allow an expert to partially testify on damages?
Abstract: The U.S. Court of Appeals for the Second Circuit recently revived a massive securities fraud class action that had been dismissed by a district court in July 2014. This article explains why the appellate court found exclusion of the expert’s entire testimony to be improper, though it agreed that some of the testimony could be barred. A sidebar addresses the inconsistent application of the inflation-maintenance theory of liability by federal appellate courts. In re Pfizer Securities Litigation, No. 14-2853-cv, 2d Cir., April 12, 2016 In re Vivendi, S.A. Securities Litigation, Nos. 15-180-cv, -208-cv, 2d Cir., September 27, 2016 IBEW Local 98 Pension Fund v. Best Buy Co., 818 F.3d 775, 8th Cir., April 12, 2016