When ITC Excludes Later-Filed Expert Testimony

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Law360, (September 26, 2018, 2:35 PM EDT) -- A pair of recent decisions out of the U.S. International Trade Commission illustrate the potential importance of the consistency of early expert disclosures in an investigation. In the recent decisions, the administrative law judge ruled on the admissibility of opinions included in later-filed expert witness statements prepared for an evidentiary hearing. Under the ALJ’s ground rules, “[a]n expert’s testimony at the trial shall be limited in accordance with the scope of his or her expert report(s), deposition testimony, or within the discretion of the Administrative Law Judge.” The ALJ’s interpretation of this ground rule may inform how ALJs may interpret similar rules in their own investigations.

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