After Scott Hampton provided a deposition in the Wonderland Nursery Goods Co. v. Thorley Industries, LLC d/b/a 4Moms case in the United States District Court, Western District of Pennsylvania, Thorley’s counsel submitted a Motion to Strike Portions of Mr. Hampton’s expert report as a Daubert Motion. Mr. Hampton successfully met the challenge—United States District Judge Nora Barry Fischer denied the motion, and declared that he may testify at trial.
In the Memorandum Opinion, Judge Fischer examined Thorley’s arguments under Federal Rule of Evidence 702 andDaubert v. Merrell Dow Pharm., Inc. Rule 702 provides that an expert witness may provide opinion testimony if it will assist the trier of fact and “(1) the testimony is based on sufficient facts or data; (2) the testimony is the product of reliable principles and methods; and (3) the expert has reliably applied the principles and methods to the facts of the case.” (Fed. R. Evid. 702)
In the Memorandum Opinion Judge Fischer detailed two issues Thorley contested. First, Thorley cannot contest a point made by Mr. Hampton when it uses in the same point in its own internal analysis of competitors. Second, Mr. Hampton’s report set forth a reasonable hypothesis based on Thorley’s own marketing materials.
Wonderland maintains that experts in Mr. Hampton’s field routinely rely on the type of evidence Mr. Hampton relied on, and the Court agrees.