Eighth Circuit Upholds District Court's Sua Sponte Exclusion of Products Liability Expert

The Eighth Circuit has upheld the exclusion of testimony from three plaintiffs' experts in a products liability action involving a cotton picker that caught fire. The district court excluded one of the experts sua sponte and without a hearing. The Eighth Circuit's opinion advances not even the mildest criticism of that unusual step, but rather defends it on the theory that the district court had the benefit of a full record. The expert's report purported to contain a "complete statement of the opinions to be expressed by him and the basis and reasons therefor" (which all expert reports are required to contain, however, under Fed. R. Civ. P. 26(b)(2)(B)), and there had already been Daubert briefing on the plaintiff's other experts, who had opined on the same general subject matter. See Miller v. Baker Implement Co., No. 04-3419 (8th Cir. Mar. 1, 2006) (Murphy, McMillian, & Gruender, JJ.).