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Motion to strike reply affidavits granted in part; new damages methodology struck as improper case-splitting.
In a proposed class proceeding, the Defendant moved to strike three expert affidavits filed in the Plaintiffs' reply record on certification.
The Court struck the affidavit of Dr. Drogin, finding it introduced a new damages methodology that constituted improper case-splitting.
The Court declined to strike the affidavit of Mr. Anand, finding it was properly responsive to jurisdiction issues raised by the Defendant.
The Court granted the Plaintiffs leave under Rule 52.4 to file Mr. Anand's affidavit as an additional expert, noting the public significance of the proceeding.
No costs were awarded.
