RECENT FEDERAL DECISIONS

March 2005

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District Court Excludes Proposed Expert Testimony on Legal Subjects
The Pinal Creek Group v. Newmont Mining Corp., ___F.Supp.2d___

Ruling on motions in limine, the U.S. District Court for the District of Arizona has ruled that law professors and lawyers may not give expert testimony on interpretations of the law or opinions with respect to how the law should be applied to the facts of a particular case. The court did allow, however, a law professor to testify concerning “corporate norms” and the manner in which the relationship between two corporations diverged from “corporate norms” for purposes of determining operator and arranger liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).