AEM v North Dakota – State’s Reply to AEM Opposition to Strike Experts
Case 1:17-cv-00151-DLH-CSM
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
AEM vs North Dakota
Document 124 Filed 03/07/19 Page 1 of 10
JOINT REPLY TO
MANUFACTURERS’ RESPONSE IN OPPOSITION
TO THE STATE AND NDIDA’S MOTION TO STRIKE
MANUFACTURERS’ EXPERT REPORTS AND OPINIONS
CONCLUSION
Manufacturers’ six substantive facial challenges are entirely legal in nature. Expert testimony is inadmissible and unhelpful in determining wholly legal issues. Manufacturers’ Response fails to explain why this Court requires expert opinion to resolve questions of law. The purely legal nature of all Manufacturers’ claims justifies this Court striking Manufacturers’ expert opinions from consideration. The State and NDIDA respectfully move this Court for an order striking all reports and depositions of Manufacturers’ two experts, those of Professor Lafontaine and Professor Leininger.