When ITC Excludes Later-Filed Expert Testimony

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.

September 26, 2018

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.

All Content © 2018, Portfolio Media, Inc.

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

Related Publications

June 2020
Trade Secrets: Safe as Houses
Christopher Larus, David Prange, Alyssa Bixby-Lawson - Intellectual Property Magazine
June 4, 2020
May 6, 2020
Hatch-Waxman Litigation Venue Update Post-Google
Kelsey McElveen, Ellen Levish - Bloomberg Law
May 4, 2020
Explaining The Almost Unexplainable: Source Code Evidence At Trial
David Prange, Benjamen Linden - LegalTech News
April 7, 2020
Protecting Confidential Information When Sheltering in Place
David Prange, Chris Larus - Corporate Counsel
Back to Top