Securities and Exchange Commission v. Biovail Corporation et al
| Securities and Exchange Commission |
| Biovail Corporation, Eugene N. Melnyk, Brian Crombie, John Miszuk and Kenneth G. Howling |
| 1:2008cv02979 |
| March 20, 2008 |
| US District Court for the Southern District of New York |
| Securities/Commodities Office |
| New York |
| Lewis A. Kaplan |
| None |
| Federal Question |
| 15:77 Securities Fraud |
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Filing
220
MEMORANDUM AND ORDER denying 160 Motion for Partial Summary Judgment. For the reasons set forth in this Memorandum and Order, the SEC's motion for partial summary judgment [DI 160] is denied. (Signed by Judge Lewis A. Kaplan on 6/16/2010) (tro)
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Filing
211
ORDER denying 171 Motion in Limine; denying 173 Motion in Limine. Defendants' argument is tendentious to say the least. An expert may testify on the basis of assumed facts or in response to hypothetical questions as long as there is or will be some basis in the record to permit the trier of fact to find that the assumptions or hypothesis are correct. This leaves it to the trier to determine whether the actual historical facts conform to the assumptions or hypotheses underlying the expe rt's opinion and, to whatever extent they do not, whether any variance is material. This time honored rule has notbe altered by the Federal Rules of Evidence. Accordingly, the motions [DI 171, 173] are denied in all respects.SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/22/2009) (tve)
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