Friday, July 17, 2009

Labels seek to limit Pouwelse testimony; say computer scientist lacks economics and business expertise

The record label plaintiffs have moved to limit the testimony of Joel Tenenbaum's defense expert Johan Pouwelse, arguing that the Dutch computer scientist cannot "be considered an 'expert' on the wide variety of economic and business issues described in his reports." Argue the labels:
He has no education, training, or expertise in economics, market analysis, or business models. Indeed, during parts of his deposition, Dr. Pouwelse stated that he could not answer questions without consulting an Economics 101 textbook. His background is as a computer scientist. Therefore, Dr. Pouwelse is not qualified to testify as an expert on economic issues, market analysis, or business models, and he should not be permitted to do so under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Federal Rule of Evidence 403.
Plaintiffs Motion to limit Pouwelse testimony

It will be very interesting to see how Tenenbaum's counsel, Harvard Law School professor Charles Nesson, addresses the Daubert issue; Nesson served as counsel for the defense (i.e., in favor of a higher bar for the admission of expert testimony) in Daubert itself.

The plaintiffs' motion does not seek to limit Pouwelse from testifying on matters directly related to his expertise in computer science.

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