Lay Opinion Vindicated
The Fifth Circuit has issued an opinion subscribing to the view that officers and directors of commercial enterprises may opine on pricing and industry practices without being qualified as experts. See Texas A&M Research Found. v. Magna Transp., No. 02-40264 (5th Cir. July 9, 2003). Unfortunately, the link to the pdf file on the Fifth Circuit's web site isn't working, but if it were, the opinion could be found at:
http://caselaw.lp.findlaw.com/data2/circs/5th/0240264p.pdf
Pending repairs at the Fifth Circuit web site, a WordPerfect version is available at:
ftp://ftp.ca5.uscourts.gov/usca5/OPINIONS/last30/07-09-2003/02-40264.cv0
The Fifth Circuit's pronouncement is arguably dictum, because, as the opinion itself notes, the testimony at issue didn't really state an opinion at all, but merely reported an actual out-of-pocket expense. But dictum or no, the Fifth Circuit is not unique in holding the view that Fed. R. Evid. 701 permits corporate employees to give lay opinion on issues like lost profits and costs. See Tampa Bay Shipbuilding & Repair Co. v. Cedar Shipping Co., 320 F.3d 1213 (11th Cir. 2003).
http://caselaw.lp.findlaw.com/data2/circs/5th/0240264p.pdf
Pending repairs at the Fifth Circuit web site, a WordPerfect version is available at:
ftp://ftp.ca5.uscourts.gov/usca5/OPINIONS/last30/07-09-2003/02-40264.cv0
The Fifth Circuit's pronouncement is arguably dictum, because, as the opinion itself notes, the testimony at issue didn't really state an opinion at all, but merely reported an actual out-of-pocket expense. But dictum or no, the Fifth Circuit is not unique in holding the view that Fed. R. Evid. 701 permits corporate employees to give lay opinion on issues like lost profits and costs. See Tampa Bay Shipbuilding & Repair Co. v. Cedar Shipping Co., 320 F.3d 1213 (11th Cir. 2003).
<< Home