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In re Methyl Tertiary Butyl Ether Prods. Liab. Litig.

ELR Citation: 38 ELR 20147
Nos. No. 00-1989, (S.D.N.Y., 06/06/2008) motion in limine

A district court granted a motion in limine to exclude a real estate expert's testimony on the value of certain property alleged to have been contaminated with methyl tertiary butyl ether (MTBE), a gasoline additive. The expert was going to testify that the value of plaintiffs' property in the affected area decreased by 15% due to MTBE contamination. The expert's testimony, however, does not satisfy Rule 702 of the Federal Rules of Evidence. The expert failed to follow any professionally accepted—or even discernible—methodology and cannot provide any meaningful support for his conclusion.

[Prior decisions in this litigation can be found at 32 ELR 20228 and 37 ELR 20116.]