United States District Court, D. Vermont
DECISION ON MOTION IN LIMINE TO PRECLUDE TESTIMONY
AND REPORT OF DEFENDANTS' PUTATIVE EXPERT TERRY DORMAN
Geoffrey W. Crawford United States District Court
October 23, 2017, defendants Anichini, Inc., et al.
(collectively "Anichini") disclosed Terry Dorman as
an expert witness on the issue of economic damages sustained
by defendants as a result of claimed misconduct by plaintiff
Top Ridge, Inc. and counterclaim-defendants Jeffrey Tauber
and Royal Heritage House, LLC (collectively "Top
is no claim that the disclosure was untimely. It follows the
completion of fact depositions in October 2017. The initial
disclosure was supplemented by an additional report from Mr.
Dorman on November 28, 2017.
Ridge seeks to exclude Mr. Dorman's expert testimony on
the ground that he has no professional qualifications in the
area of economic damages, and that his report is unreliable
because it is not based upon a recognized methodology. The
court agrees and excludes Mr. Dorman's testimony as an
expert. There are, however, areas in which Mr. Dorman may
testify as a fact witness, and this decision seeks to clarify
the scope of permissible testimony.
admissibility of expert testimony is governed by Fed.R.Evid.
702, which requires a foundational showing that:
• the witness has relevant scientific, technical, or
other specialized knowledge;
• the testimony is based on sufficient facts or data;
• the testimony is the product of reliable principles
and methods; and
• the expert has reliably applies the principles and
methods to the facts.
performing its function as gatekeeper, the court must make a
preliminary inquiry into these issues before the jury may
hear the testimony. See In re Pfizer Inc. Securities
Litigation, 819 F.3d 642, 658 (2d Cir. 2016); see
generally Daubert v. Merrell Dow Pharmaceuticals, Inc.,
509 U.S. 579(1993).
Mr. Dorman's Qualifications
Dorman has served as a consultant to Anichini in connection
with the proposed acquisition of Anichini by Top Ridge. After
graduating from high school in 1974, he founded his own
business which he sold in 1987. This business specialized in
computer graphics, touch screens and video game controllers.
In 1987 he founded a consulting firm specializing in
restructuring financially troubled companies. He continues to
work in this field. He has no formal education in business,
economics, or any other discipline related to economic
damages. There is no indication in his biographical
disclosure that he has ever published an article, taught a
class, obtained a degree, or in any other way demonstrated in
a public setting that he has technical or other specialized
knowledge. Instead, he has offered a list of companies he has
rehabilitated through negotiations with lenders, customers,
unions, regulators, and other parties. None of these
companies appear to have been in the textile trade.
Facts Relied ...