The Economic Evidence Gatekeeper (2.9.2005)
Daubert challenges to economic expert testimony
A free internet resource for attorneys with cases dealing with economic experts
02.09.2005
By Line: Court orders new trial because defense expert was not allowed to testify
Case: See Dorn v. Burlington N. Santa Fe R.R., No. 03-35071 (9th Cir. Feb. 7, 2005) (Kleinfeld, Callahan, & Bertelsman, JJ.)
Reporting source: Daubert on the web (http://www.daubertontheweb.com/blog702.html)
Type of economic damage testimony: Hedonic damages
Commentary on importance of the case:
Shows that hedonic damages are not dead; at least in Montana. However most economists belief they are. According to a recent survey of economists in the Litigation Economic Review Vol.6 No.2, only 1bout 17.8% of forensic economists would perform a hedonic damage analysis if asked by a plaintiffs attorney.
Synopsis of economic damage testimony:
"The plaintiff's attorney testified to a value for what he called "hedonic damages,"
and what is commonly called in tort law jury instructions
"loss of enjoyment of life." His methodology was to use
government statistics to determine what risk premium
employees demand to work in riskier jobs as opposed to the
less risky jobs they could get with the same credentials, what
people pay for safer equipment and consumer goods as compared
with less safe ones, what people spend on government required
safety equipment, what government spends on programs
that reduce risk of death, and what government regulations
require people to spend on reduction of risk. He came
up with a figure for loss of enjoyment of life for an average
person."
Summary of court opinion dealing with economic damage testimony:
(click here to download full text opinion)
From the opinion:
"[The plaintiffs expert's] methodology may have some utility. It may be informative
to a jury to know what people spend voluntarily out
of their own pockets to reduce their own chances of death.
The figure [the plaintiffs expert] arrived at gives some finitude to a question
that can sound like a probe into the infinite."
A free internet resource for attorneys with cases dealing with economic experts
02.09.2005
By Line: Court orders new trial because defense expert was not allowed to testify
Case: See Dorn v. Burlington N. Santa Fe R.R., No. 03-35071 (9th Cir. Feb. 7, 2005) (Kleinfeld, Callahan, & Bertelsman, JJ.)
Reporting source: Daubert on the web (http://www.daubertontheweb.com/blog702.html)
Type of economic damage testimony: Hedonic damages
Commentary on importance of the case:
Shows that hedonic damages are not dead; at least in Montana. However most economists belief they are. According to a recent survey of economists in the Litigation Economic Review Vol.6 No.2, only 1bout 17.8% of forensic economists would perform a hedonic damage analysis if asked by a plaintiffs attorney.
Synopsis of economic damage testimony:
"The plaintiff's attorney testified to a value for what he called "hedonic damages,"
and what is commonly called in tort law jury instructions
"loss of enjoyment of life." His methodology was to use
government statistics to determine what risk premium
employees demand to work in riskier jobs as opposed to the
less risky jobs they could get with the same credentials, what
people pay for safer equipment and consumer goods as compared
with less safe ones, what people spend on government required
safety equipment, what government spends on programs
that reduce risk of death, and what government regulations
require people to spend on reduction of risk. He came
up with a figure for loss of enjoyment of life for an average
person."
Summary of court opinion dealing with economic damage testimony:
(click here to download full text opinion)
From the opinion:
"[The plaintiffs expert's] methodology may have some utility. It may be informative
to a jury to know what people spend voluntarily out
of their own pockets to reduce their own chances of death.
The figure [the plaintiffs expert] arrived at gives some finitude to a question
that can sound like a probe into the infinite."
posted by The Experts @ 1:29 PM
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