---
title: "Economics Expert Witness’ Analysis of Job Opportunities Available to Plaintiff Excluded"
meta:
  "og:description": "Economics Expert Witness' Testimony held to be of little use to determine whether or not Plaintiff mitigated damages"
  "og:title": "Economics Expert Witness’ Analysis of Job Opportunities Available to Plaintiff Excluded"
  author: "Expert Witness Profiler"
  description: "Economics Expert Witness' Testimony held to be of little use to determine whether or not Plaintiff mitigated damages"
---

# Economics Expert Witness’ Analysis of Job Opportunities Available to Plaintiff Excluded

Posted on March 29, 2024 by Expert Witness Profiler

Daniel J. Csaszar is a physician who worked at an urgent care facility run by Defendant Monarch Medical, LLC beginning in 2015, working one shift per week. In 2019, he moved to two shifts per week. Defendants terminated Csaszar on March 9, 2022, and Csaszar began new employment as a physician on October 17, 2022 at Lehigh Valley Health Network, LVPG Palmerton Family Medicine practice (after completing extensive credentialing for LVHN after he applied for this position on June 30, 2022).

In virtually any type of employment case, an employee has a duty to mitigate their damages. This is a question usually left to the good judgment of the trier of fact.

Defendants submitted the report of [Chad Staller](https://expertwitnessprofiler.com/expert-witness/Chad-Staller/1510673) in furtherance of their theory that Csaszar failed to mitigate his damages by timely seeking another job. The report listed eight jobs that  Csaszar “made contact regarding” between March 15, 2022 and October 17, 2022, to conclude Dr. Csaszar made “0.27 efforts per week.”

Csaszar insisted on the unreliability of Staller’s report, arguing that he made many more “job search efforts” and began subsequent employment very quickly relative to the credentialing and onboarding that is required for a physician to begin new employment.

## **Economics Expert Witness**

[Chad L. Staller](https://expertwitnessprofiler.com/expert-witness/Chad-Staller/1510673) is president of the Center for Forensic Economic Studies. He has extensive experience working with both plaintiff and defense counsel in a wide variety of civil matters, quantifying loss sustained by many types of plaintiffs, including union members, state and federal employees, business owners and injured children.

He regularly analyzes claims brought in employment-discrimination matters, quantifying back-pay damages, front-pay damages and lost benefits, and also frequently consults on commercial matters, analyzing lost-profit and business-interruption claims. In addition to Staller’s litigation practice, Staller consults with clients in non-litigation matters related to labor-union negotiations, business valuations, and cost-benefit assessments. He serves on the faculty of Temple University’s Beasley School of Law LL.M. in Trial Advocacy program and lectures regularly at Villanova University School of Law and Drexel University’s Thomas R. Kline School of Law.

He received his Master of Business Administration, with _honors_, from the Fox School of Business and Management at Temple University.

## **Discussion by the Court**

Plaintiffs argued that Staller’s report was unreliable and did not pass muster under _[Daubert](https://www.law.cornell.edu/wex/daubert_standard)_ because it included a compilation of jobs from an unidentified and unreliable source “JobStats”, included identification of job postings for physician jobs for which Dr. Csaszar was not certified or qualified to work, and included job postings for positions in geographical locations where Dr. Csaszar was not licensed to practice medicine to compare Dr. Csaszar’s (false) number of job search efforts to the alleged and inaccurate employment opportunities available to him.

Additionally, Defendant’s report did not include any reference to Dr. Csaszar’s deposition and supplemental discovery wherein Dr. Csaszar supplied testimony and documentary evidence that indicated he applied for far many more than the “8 job search efforts” as Defendants’ expert concluded. Defendant did not produce a supplemental expert report to consider these numerous additional job searches that were a part of the record, making the report completely unreliable.

#### **The Report Did Not Assist the Trier of Fact**

The relevant facts in issue were whether substantially equivalent work was available, and whether Dr. Csaszar exercised reasonable diligence in obtaining other employment. Defendants did not dispute that Dr. Csaszar began working at Lehigh Valley on October 17, 2022 (at a job which he applied to on June 30, 2022), so the expert’s task was to help the jury determine whether Dr. Csaszar’s job search was reasonably diligent.

The Court held that Staller’s report failed to meet the [Rule 702](https://www.law.cornell.edu/rules/fre/rule_702#:~:text=Rule%20702%20requires%20that%20the,help%E2%80%9D%20the%20trier%20of%20fact.) standards considering the report merely proffered the number of jobs that Dr. Csaszar applied to, and stated that “additional employment opportunities…existed and continue to exist.” In other words, the report would not aid the trier of fact in determining a fact in issue.

The Court held that telling the jury that additional job opportunities existed would simply not provide them with the information they needed to conclude that Dr. Csaszar did or did not appropriately mitigate his damages.

Moreover, per Dr. Csaszar’s deposition testimony, Plaintiff agreed that “additional employment opportunities . . . existed” beyond the eight jobs listed in Staller’s report, since he alleged that he applied to many more jobs than just those eight. Accordingly, this conclusion did not bear on a fact in issue. Nor did relaying the number of job search efforts made help the jury determine whether that number of efforts was reasonable. Indeed, calculating eight job applications over 30 weeks to equal 0.27 job applications per week is an equation easily doable by the jury that did not require expert testimony. Staller may seek to forestall these critiques by claiming that his expert analysis resulted in aggregating 1,102 job opportunities that were available to Dr. Csaszar, but this merely leads to the second flaw: the lack of a reliable methodology underlying that analysis.

#### **The Report Lacked a Reliable Methodology**

##### **Application of Job Listings**

Staller provided no methodology for assessing Dr. Csaszar’s employment background in order to determine which jobs were appropriate for him. Dr. Csaszar testified that he was “board certified in family medicine and primary care sports medicine,” and that he “would not apply for an internal medicine job or an emergency medicine position” or other specialty positions.

Nevertheless, Staller’s report included one listing for an emergency medicine position, 42 listings for internal medicine physicians, as well as 21 listings in a catch-all category of “all other” physician positions. **Staller had not provided any rationale or methodology for determining which listings were an appropriate fit for Dr. Csaszar, and many of the entries for family medicine were overly broad.**

The Court noted that Staller did not identify _any_ specific documents that he reviewed to determine which jobs would be appropriate for Dr. Csaszar; the only items he reports having reviewed in the relevant section were the employment listings, but nothing that would shed light on Dr. Csaszar’s background.

##### **Geographic Analysis Specific to Dr. Csaszar’s Personal Licensure Status**

Aside from the substance of the job listings, the parties disputed whether Csaszar could legitimately have applied to job opportunities outside of Pennsylvania which concerned an issue that Staller should have considered at the outset. Csaszar argued that his license was only valid in Pennsylvania, which meant that he would not be able to work in any other state, including those like New Jersey or Delaware that are within commuting distance of Pennsylvania.

Defendants pointed out that Dr. Csaszar had applied to locations in North Carolina, Florida, and Hawaii, arguing that Dr. Csaszar had opened the door to considering a broader geographic range of employment. The Court held that had Staller performed a geographic analysis specific to Dr. Csaszar’s personal licensure status, he would have developed a grounded, fact-based methodology for determining appropriate places of employment for Dr. Csaszar because it is possible that some states have licensing reciprocity agreements with Pennsylvania, or low barriers to entry for licensing of experienced providers.

Staller did not employ any methodology for considering Dr. Csaszar’s employment record, or the locations that would be appropriate for him to apply to. Staller sought to sidestep these holes in his methodology by refraining from drawing the conclusion that Dr. Csaszar had 1,102 jobs to apply to, instead retreating to the vaguer assertion that “employment opportunities existed and continued to exist.”

#### **Defendants’ Alternative Request to Supplement the Report is Denied**

Defendants sought, in the alternative, to supplement their report to include the information raised in Dr. Csaszar’s deposition and document production pertaining to additional job applications that post-dated the initial report. The Court held that this supplement would be both untimely and futile.

The Court permits supplementation under [Federal Rule of Civil Procedure 26(e)(1)(A)](https://www.law.cornell.edu/rules/frcp/rule_26) when an expert receives newly produced information after submitting his or her expert report.

Defendants submitted Staller’s expert report at the deadline to exchange expert reports, on December 22, 2023 while Dr. Csaszar’s deposition — at which he first revealed new information — took place on January 8, 2024.

The Court held that even as they learned of this new information and received a production of documents pertaining to it, Defendants did not file a supplemental expert report, nor a motion for leave to do so, even up to the deadline for dispositive motions over a month later, on February 16, 2024.

Moreover, even if Staller had supplemented his report in a timely fashion, that supplementation would not cure the deficiencies described above. The supplemented report would include a higher number of job search efforts and efforts per week for Dr. Csaszar. However, without any discussion of what a reasonably diligent job search should entail, the report still would not assist the jury in evaluating whether Dr. Csaszar exercised reasonable diligence in his job search. Additionally, the supplementation would have no impact on the unhelpful conclusion that “additional employment opportunities for Dr. Csaszar existed and continue to exist.”

## **Held**

The Court granted Plaintiff’s motion to strike the expert report of Chad Staller.

## **Key Takeaways:**

- **Lack of a Reliable Methodology:** As per Dr. Csaszar’s deposition testimony, Plaintiff agreed that “additional employment opportunities . . . existed” beyond the eight jobs listed in Staller’s report, since he alleged that he applied to many more jobs than just those eight. Accordingly, this conclusion did not bear on a fact in issue. Nor did relaying the number of job search efforts made help the jury determine whether that number of efforts was reasonable. Indeed, calculating eight job applications over 30 weeks to equal 0.27 job applications per week is an equation easily doable by the jury that did not require expert testimony. Staller did not employ any methodology for considering Dr. Csaszar’s employment record, or the locations that would be appropriate for him to apply to. Staller sought to sidestep these holes in his methodology by refraining from drawing the conclusion that Dr. Csaszar had 1,102 jobs to apply to, instead retreating to the vaguer assertion that “employment opportunities existed and continued to exist.”

- **Assistance to the trier of fact:**The relevant facts in issue were whether substantially equivalent work was available, and whether Dr. Csaszar exercised reasonable diligence in obtaining other employment. The Court held that telling the jury that additional job opportunities existed would simply not provide them with the information they needed to conclude that Dr. Csaszar did or did not appropriately mitigate his damages.

- **Supplementation Under Rule 26:** The Court held that even as the Defendants learned of this new information pertaining to additional job applications that post-dated the initial report and received a production of documents pertaining to it, Defendants did not file a supplemental expert report, nor a motion for leave to do so, even up to the deadline for dispositive motions over a month later, on February 16, 2024.

## **Case Details:**

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