Kelly

Kelly v. MTS Inc.

Good Law
5 F. App'x 755
United States Court of Appeals for the Ninth CircuitMarch 14, 2001No. 99-16121; D.C. No. CV-97-00610-BRMCalifornia907 words

Opinion

Lead Opinion

MEMORANDUM *

Terrance Kelly appeals the district court’s judgment following a jury verdict in favor of MTS Inc., d/b/a Tower Records (“Tower”), in a sexual harassment action Kelly brought under Title VII and Hawaü law. Prior to trial the district court ruled that Tower’s human resource expert, Craig Pratt, could testify despite Tower’s initial faüure to comply with expert disclosure requirements. The jury found, by special verdict, that Kelly faded to prove by a preponderance of the evidence that he was subject to a hostile work environment while employed by Tower. Kelly appeals the ruling admitting Pratt’s testimony.

Tower requests, in a separate motion, that the Court impose sanctions on Kelly and his attorney for bringing a frivolous appeal and for violating the Federal Rules of Appellate Procedure. We affirm the district court’s evidentiary ruling and deny the motion for sanctions. As the parties are famüiar with the facts of this case, we do not recite them here.

A. Admissibility of Expert Witness Testimony.

The standard of review for evidentiary rulings on the admissibility of expert witness testimony is abuse of discretion. Gen. Elec. Co. v. Joiner, 522 U.S. 136, 141 ,…

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