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Long v. Fairbank Farms, Inc.

United States District Court for the District of Maine

May 31, 2011, Decided; May 31, 2011, Filed

No. 1:09-cv-592-GZS; No. 2:10-cv-60-GZS

Opinion

MEMORANDUM DECISION ON MOTION TO EXCLUDE AND RECOMMENDED DECISION  [*3] ON MOTIONS FOR SUMMARY JUDGMENT

The Fairbank Farms, Inc. third-party plaintiffs (collectively, "Fairbank") move for summary judgment on their indemnification claims against third-party defendant Greater Omaha Packing Company, Inc. ("GOPAC"), while GOPAC moves for summary judgment or, in the alternative, partial summary judgment with respect to all of Fairbank's claims against it. See Fairbank's Motion for Summary Judgment ("Fairbank's S/J Motion") (Docket No. 113, Long; Docket No. 91, Smith) at 1-2; Third-Party Defendant GOPAC's Motion for Summary Judgment, or, in the Alternative, Partial Summary Judgment ("GOPAC's S/J Motion") (Docket No. 116, Long; Docket No. 94, Smith) at 1. GOPAC also moves to exclude, in whole or in part, opinion evidence of Fairbank's experts on the basis that it is unreliable. See generally Motion To Exclude Expert Opinion ("Motion To Exclude") (Docket No. 112, Long; Docket No. 90, Smith).1 For the reasons that follow, I deny GOPAC's motion to exclude and recommend that the court deny both Fairbank's and GOPAC's motions for summary judgment.

I. Motion To Exclude

A. Applicable Legal Standard

Rule 702 provides:

] If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.

Fed. R. Evid. 702. ] Under Rule 702, "it is the responsibility of the trial judge to ensure that an expert is sufficiently qualified to provide expert testimony that is relevant to the task at hand and to ensure that the testimony rests on a reliable basis." Beaudette v. Louisville Ladder, Inc., 462 F.3d 22, 25 (1st Cir. 2006). With respect to reliability:

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2011 U.S. Dist. LEXIS 73887 *

MARGARET LONG, Plaintiff v. FAIRBANK FARMS, INC., et al., Defendants and Third-Party Plaintiffs v. GREATER OMAHA PACKING COMPANY, INC., Third-Party Defendant;ALICE SMITH, Plaintiff v. FAIRBANK FARMS, INC., et al., Defendants and Third-Party Plaintiffs v. GREATER OMAHA PACKING COMPANY, INC., Third-Party Defendant

Subsequent History: Later proceeding at Long v. Fairbank Farms, Inc., 2011 U.S. Dist. LEXIS 67119 (D. Me., June 22, 2011)

Adopted by, Summary judgment denied by, Partial summary judgment denied by Smith v. Fairbank Farms, Inc., 2011 U.S. Dist. LEXIS 73783 (D. Me., July 7, 2011)

Adopted by, Summary judgment denied by, Partial summary judgment denied by Long v. Fairbank Farms, Inc., 2011 U.S. Dist. LEXIS 73818 (D. Me., July 7, 2011)

Prior History: Long v. Fairbank Farms, Inc., 2011 U.S. Dist. LEXIS 58691 (D. Me., May 31, 2011)

CORE TERMS

Reply, coli, suppliers, raw material, Opposing, deposition, probable, testing, email, nonmovant, bacteria, summary judgment, indemnification, expert witness, products, parties, meat, asserting, material fact, ground beef, binding, light most favorable, contamination, Third-Party, records, summary judgment motion, qualification, common-law, denies, motion to exclude

Evidence, Admissibility, Expert Witnesses, Expert Witnesses, Helpfulness, Testimony, Qualifications, Daubert Standard, Civil Procedure, Trials, Jury Trials, Province of Court & Jury, Credibility of Witnesses, General Overview, Examination, Cross-Examinations, Summary Judgment, Supporting Materials, Burdens of Proof, Movant Persuasion & Proof, Nonmovant Persuasion & Proof, Entitlement as Matter of Law, Genuine Disputes, Materiality of Facts, Motions for Summary Judgment, Cross Motions, Judgments, Opposing Materials, Types of Evidence, Judicial Admissions, Effects, Exemptions, Statements by Party Opponents, Authorized Statements, Vicarious Statements, Evidentiary Considerations, Affidavits, Methods of Discovery, Depositions, Oral Depositions, Commercial Law (UCC), Form, Formation & Readjustment, Statute of Frauds, Formal Requirements, Exceptions, Merchant Rule, Contract Provisions, Contract Terms, Sales (Article 2), Offer & Acceptance, Federal & State Interrelationships, Choice of Law, Jurisdiction, Diversity Jurisdiction, Significant Relationships, General Provisions (Article 1), Application & Construction, Standards of Performance & Liability, Breach, Excuse & Repudiation, Casualty to Identified Goods, Buyer Remedies, Damages, Consequential & Incidental Damages, Remedies, Limitations & Modifications, Unconscionable Limitations, Warranties, Business & Corporate Compliance, Contracts Law, Contract Conditions & Provisions, Indemnity Clauses, Pleadings, Complaints, Torts, Multiple Defendants, Indemnity