In Owens v. Metropolitan Life Ins. Co., ___ F. Supp. 3d ___, No. 2:14-CV-00074-RWS, 2016 WL 5868103 (N.D. Ga. September 27, 2016), the Court was confronted with a motion to exclude the expert witness testimony of a respected law professor named Jeffrey W. Stempel. The Court in that case side-stepped ruling on the motion to exclude, but instead resolved the parties' competing motions for summary judgment first. This made it unnecessary to reach the motion to exclude, the District Judge said.
The Court in that case ruled on "interpretation of the unambiguous language of the Policy" without consulting Professor Stempel's expert report. Owens v. Metropolitan Life Ins. Co., ___ F. Supp. 3d ___, No. 2:14-CV-00074-RWS, 2016 WL 5868103, at *9 (N.D. Ga. September 27, 2016).
The District Judge added: "Had, however, reliance on Professor Stempel's report been necessary, the Court finds no basis for his exclusion as an expert."
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