International Paper v. Deep South Equipment

Order Granting Daubert Challenges

by Michael Durr

An unsual Daubert exclusion in that is based largely on qualifications. Stunning that an expert with these qualifications would be retained on what was probably an 8-figure loss. Here is the key quote: "The court does not hold that NFPA 921 is the only possible method to determine fire cause and origin. But, when an expert purports to rely on NFPA 921 from the date of its creation, including all of the peer reviewed changes that have occurred, but omits the most recent and significant changes, there must be a good explanation for the omission. Perhaps had Thorton kept up with his certifications, licenses, and continuing education, the glaring omission would not have occurred."