Court excludes the unsubstantiated testimony of labor standards expert witness on account of non-compliance with the disclosure requirements of Rule 26

The Court excluded the Plaintiffs’ expert witness report in this fair labor standards act case for noncompliance with Rule 26 requirements. The report lacked a detailed explanation of the expert’s methodology and opinions. It relied on facts not yet available through discovery. Further, it failed to identify supporting exhibits or provide the expert’s qualifications and publications. With no insight into the validity of the expert’s analysis, and given a prior chance to amend, the Court found exclusion necessary under Daubert. Compliance with disclosure rules is key.

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