Motion for reply expert evidence in a copyright dispute granted in part to address unanticipated points.
In a copyright infringement action involving works by Vivian Maier, the plaintiff moved to introduce reply expert evidence from its appraiser, Mr. Gaillard, responding to the defendants' expert, Ms. Juhasz.
The court applied the two-step test for reply evidence, finding that parts of the proposed reply merely reinforced the evidence in chief and were not admissible, while other parts responded to new comparative market evidence and clarified mischaracterizations.
The motion was granted in part, with specific paragraphs of the reply report permitted.
