C.G. v. Pennsylvania Dept. of Educ., No. 1:06-cv-1523 (M.D. Pa. Nov. 8, 2010)

The Court granted Defendants’ motion to strike the expert report of Dr. Sharon O’Malley pursuant to Federal Rule of Civil Procedure 26(a)(2)(B) and Kumho Tire Co. v. Carmichael, 526 U.S. 137, 147 (1999) (quoting Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 589 (1993)). Dr. O’Malley’s expert report set forth a number of opinions regarding the education of special education students with limited English proficiency (“LEP”). The Court first examined Dr. O’Malley’s qualifications, and noted that while Dr. O’Malley was sufficiently qualified as an expert in education of LEP students, she was not an expert on special education. Thus, the Court found that her opinions related to special education must be stricken. The Court also found that Dr. O’Malley’s methodology was not reliable, as her findings were not supported by specific facts, and her opinions were not clearly expressed in such a way as to allow the fact finder to assess their credibility. Thus, the Court granted Defendants’ motion to strike Dr. O’Malley’s expert report.

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