Kilian

MEMORANDUM **

Kari Kilian appeals from the judgment and award of attorney’s fees in her suit against Equity Residential Properties Trust and Equity Residential Properties Management Corporation (collectively “Equity”). 1 The facts are known to the parties and will not be repeated here.

I

Kilian first claims that the district court abused its discretion by excluding the testimony of three of her expert witnesses: Dr. Michael Gray, Dr. Kaye Kilburn, and David Rueckert. The district court, however, properly assessed “whether the reasoning or methodology underlying the testimony [was] scientifically valid and ... whether that reasoning or methodology properly [could] be applied to the facts in issue.” Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 592-93 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993).

First, the district court had adequate justification for concluding that Dr. Gray’s testimony was not scientifically valid. Dr. Gray used various tests in forming his opinion that even Dr. Kilburn, another of Kilian’s experts, stated were useless in detecting exposure to mycotoxins. In addition, the district court heard testimony that Dr. Gray does not follow the scientific method and…