Thursday, July 23, 2009

Labels move to exclude two late-disclosed witnesses

The record labels late yesterday moved to keep Joel Tenenbaum from calling to the stand two witnesses who were disclosed well after court-imposed deadlines. The witnesses the plaintiffs seek to exclude are:
  • Felix Oberholzer-Gee, a professor at Harvard Business School who has written about the economic effects of file-sharing. As the labels argue, Oberholzer-Gee was not disclosed until Tenenbaum submitted his July 20 witness list, well after the March 30 expert cutoff and July 10 rebuttal expert cutoff. Oberholzer-Gee has not submitted an expert report, though the trial starts only four days from now. Here's the plaintiffs' motion in limine.
  • Wayne Marshall, a Brandeis University ethnomusicologist and Tenenbaum counsel Charles Nesson's son-in-law. The court has already ruled that Marshall may not testify as an expert because he was disclosed three months past the deadline, but Tenenbaum's pretrial materials state that he now intends to call him as a fact witness. There is no indication that Marshall actually has any personal knowledge of the facts of this case. Here's the plaintiffs' MIL re Marshall.

1 comment:

  1. Oberholzer-Gee would have been very helpful. Can't believe Charlie and his team didn't think of this months ago. His is the leading study and he wouldn't have had to travel very far.

    As for the ethnomusicologist, perhaps better never than late. Regardless of timing, relevance still matters.

    Poor Joel.


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