Myklatun et al v. Halliburton Energy Services Inc et al
| Bjorn Myklatun and Oil Innovation AS |
| Halliburton Energy Services Inc, Flotek Industries Inc, Chemical and Equipment Specialities Inc, Jerry D. Dumas Sr and John Todd Sanner |
| 5:2009cv00770 |
| July 21, 2009 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| XX Outside US |
| Stephen P. Friot |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
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Filing
275
MEMORANDUM-The court concludes, on balance, that fair application of the Woodworkers Supply factors precludes admission of Mr. Myklatuns proposed testimony as to lost profits. This conclusion, and the analysis upon which it rests, makes it unnecessa ry to determine whether Mr. Myklatuns proposed testimony as to lost profits would be inadmissible for failure to meet the criteria for admission of lay opinion testimony under F.R.Evid. 701.5 The materials before the court leave the court highly unce rtain as to whether the context in which Mr. Myklatun would offer his lost profits testimony more closely matches the situation presented in Nanodetex Corp. v. Defiant Technologies, 349 Fed. Appx. 312, 2009 WL 3303709 (10th Cir. 2009), as urged by pl aintiffs, or in LifeWise Master Funding v. Telebank, 374 F.3d 917, 921 - 23 (10th Cir. 2004), as urged by defendants. The court would need the benefit of voir dire examination of Mr. Myklatun outside of the hearing of the jury before deciding whether his opinion testimony would qualify under Rule 701. However, in light of the conclusions reached above, that is not necessary. Signed by Honorable Stephen P. Friot on 10/17/11. (kr,)
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