Pacific Enterprises v. Federal Insurance

MEMORANDUM **

Federal Insurance Company (Federal Insurance) appeals the district court’s de *592 nial of its motion for a new trial. For the reasons discussed below, we affirm.

1. The district court’s determination of reliability and subsequent admission of testimony from Pacific Enterprises’ expert witness was not an abuse of discretion. See Fed.R.Evid. 702; see also Kumho Tire Ltd. v. Carmichael, 526 U.S. 137, 149, 158 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999). Until a case is concluded, the district court may change its ruling on the admissibility of evidence. See Holly D. v. Cal. Inst, of Tech., 339 F.3d 1158 , 1180 (9th Cir.2003) (affirming that “a district court has the discretion to modify intermediate dispositions at any time before final judgment is entered”) (citations omitted).

2. Exclusion of the theory of loss presented by Pacific Enterprises’ expert at trial was not required, as the expert did not present a new theory which prejudiced or harmed Federal Insurance. It was within the district court’s discretion to determine whether Federal Insurance was unfairly deprived of an opportunity to challenge the evidence presented. See White v. Ford Motor Co., 312 F.3d 998,…