Mandell Menkes Defeats Plaintiff’s Daubert Challenge Seeking to Strike Expert Witness

On December 3, 2019, Judge Jorge Alonso of the Northern District of Illinois denied plaintiff’s Daubert motion to strike an expert proffered by Mandell Menkes’ client in a class action involving alleged violations of the Truth-in-Lending Act, the Illinois Consumer Fraud and Deceptive Business Practices Act, and Illinois usury laws. Plaintiff challenged the expert, whose experience was primarily with California mortgage lending, as being insufficiently qualified to offer opinions on Illinois consumer lending. The Court rejected plaintiff’s argument, finding the expert sufficiently qualified to “give his opinion as to how a general principle . . . applies in this particular case,” because his “familiarity with that general principle, based on his professional experience, qualifies him to give an opinion that will assist the trier of fact.”

For more information, contact: Bruce Menkes, George Desh