Girard v. Brandt Energy Environmental L P et al

Filing 147

MINUTE ENTRY denying 74 Daubert Motion to Exclude Testimony of R Douglas Womack, Ph.D. Signed by Judge Rebecca F Doherty on 3/2/2009. (crt,Keifer, K)

RECEiVED
UMTED STATES DISTBJCT COURT

MAR --2 ZOQ9QJ
RO8ERT ii. ~`zj.nELL CLERK WESTERN D~STR~C1F LOUISiANA O T LAFA~T E. LOUISIANA

°

WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

To: Issued By: Subject:

All Counsel of Record Judge Rebecca F. Doherty Shannon (jirard v. Brandt Energy Environmental, L.P., et al Civil Action No. 06-1 884 March 2, 2009 MINUTE ENTRY

Date:

Cunently pending before the Court is defendant's "Daubert Motion to Exclude Testimony ofR. Douglas Womack,PH.D." [Doc. 74] Following areview ofthe motion and the opposition memorandum filed by plaintiff, the Court finds the arguments of plaintiffs counsel to be wellgrounded in law and fact. The Court further finds Mr. Womack' s opinions and testimony do not run afoul of the requirements of Fed. R. Evid. 702 or Daubert. As noted in Daubert, "Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence." 14. at 596 (citing Rock v. Arkansas, 483 U.S. 44, 61(1987)). Accordingly, the motion is DENIED for failure to carry the burden of proof. [Rec. Doc. 74]

`See Daubert v. Merrill-Dow, 509 U.S. 579 (1993).