Kevin Cope and Roger Laine v. Board of Supervisors of Louisiana State University and A & M College, Teachers Retirement System of Louisiana

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

KEVIN COPE AND ROGER LAINE NO. 2023 CW 1180

VERSUS

BOARD OF SUPERVISORS OF JANUARY 18, 2024
LOUISIANA STATE UNIVERSITY
AND A&M COLLEGE, TEACHERS'
RETIREMENT SYSTEM OF
LOUISIANA

In Re: Teachers' Retirement System of Louisiana, applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 633758.

BEFORE: THERIOT, PENZATO, AND GREENE, JJ.

WRIT GRANTED. The district court's September 8, 2023
judgment granting the motion in limine to exclude expert witness
filed by plaintiffs is reversed. A district court has wide
discretion in determining whether to allow a witness to testify
as an expert, and its judgment will not be disturbed by an
appellate court unless it is clearly erroneous. LaBauve v.
Louisiana Medical Mutual Ins. Co., 2021-00763 ( La. 4/13/22), 347
So.3d 724, 728. La. Code Evict. art. 702 requires expert
witnesses to be both qualified by knowledge, skill, experience,
training, or education and to offer testimony that is relevant
and reliable. We find the district court abused its discretion
in excluding the expert's testimony. Defendants' proposed
expert, Keith Brainard, is qualified under Article 702 for the
purpose for which defendants intend to introduce his testimony:
state retirement plans, including the duties of those who
administer and manage such plans" for employees of state and
local governments. Any " shaky but admissible evidence" may be
attacked through " vigorous cross-examination, presentation of
contrary evidence, and careful instruction on the burden of
proof [.]" Blair v. Coney, 2019-00795 ( La. 4/3/20), 340 So. 3d
775, 781, quoting Daubert v. Merrell Dow Pharmaceuticals, Inc.,
509 U.S. 579, 596, 113 S.Ct. 2786, 2798, 125 L.Ed.2d 469 ( 1993).

MRT
AHP
HG

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT