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Proposed eDiscovery evidence ruled factual, not expert opinion requiring qualification.
During a class action trial involving cosmetic surgery patients and allegations related to social media consent forms, the defendants called a witness and sought to qualify him as an expert in eDiscovery document collection and retention.
The plaintiffs objected on the basis that the witness lacked independence and impartiality, having blindly followed counsel's instructions and failed to ensure compliance with PHIPA.
The court ruled that the proposed evidence was factual in nature rather than expert opinion, as the witness was simply explaining the steps he took and the data he extracted from electronic medical records.
Since the evidence was factual and not presumptively inadmissible opinion evidence, the court did not need to address the impartiality objections, but noted that cross-examination on those issues could be relevant to the weight of the evidence.
