Cotromano, et al. v. United Technologies Corp., et al. and Adinolfe, et al. v. United Technologies Corp.
A judge in the US District Court for the Southern District of Florida denied a motion for class certification filed by a group of private homeowners against Analysis Group client United Technologies Corporation, d/b/a Pratt & Whitney. Counsel from Bartlit Beck Herman Palenchar & Scott LLP retained Analysis Group in this matter involving allegations of environmental contamination and diminished property values.
The Analysis Group team – including Managing Principal Rebecca Kirk Fair, Principal Rene Befurt, and Manager Tracy Danner – supported academic affiliate John R. Hauser in critiquing the reliability and validity of the plaintiffs' appraisal and damages expert's opinion. Dr. Hauser, an expert in marketing science and research, demonstrated that fundamental flaws in the design and implementation of the expert's survey rendered it incapable of generating a reliable estimate of any alleged diminution in property values.
Relying in part on Dr. Hauser's critique of the opposing expert's methodology, Judge Kenneth Marra found that the plaintiffs' expert's opinions on class-wide diminution in value did not satisfy Daubert, granted Pratt & Whitney's motion to exclude this testimony, and denied the plaintiffs' motion for class certification.