Court in UFC Antitrust Lawsuit denies Motion to Exclude Plaintiffs’ Experts

October 3, 2018

Late last week, the Court in the UFC Antitrust lawsuit denied Zuffa’s Motion to Exclude the Testimony of Guy Davis, Dr. Andrew Zimbalist and Dr. Hal Singer.

The Motions to Exclude were filed back in February.

The Court issued a minute order without further explanation:

Upon review of the record, the Court denies without prejudice the [517] Motion to Exclude Expert Testimony of Guy Davis, the [522] Motion to Exclude Expert Testimony of Dr. Andrew Zimbalist and the [524] Motion to Exclude Testimony of Dr. Hal Singer, as premature. The Court will consider the arguments in the Motions and Responses in its review of the [518] Motion to Certify Class, however, the Court is not required to determine the admissibility of evidence in ruling on the [518] Motion to Certify Class nor does such evidence have to be admissible for consideration by the Court. See Sali v. Corona Reg’l Med. Ctr., 889 F.3d 623, 631-32 (9th Cir. 2018).

Payout Perspective:

It would appear that the Court is pushing back its ultimate decision on the testimony of Plaintiffs’ expert when it decides the Motion for Class Cert.  If it had excluded the testimony, it would have crippled the case for Plaintiffs as they would be left without expert testimony.   Or, there would have been an appeal.  MMA Payout will keep you posted.

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