In his Nielsen ratings tampering case, Todd Clem (Bubba The Love Sponge), is asking the judge to throw out the “expert testimony” of David Haas. Haas was brought in by Nielsen to attempt to calculate the damages done to Nielsen as a result of the tampering Nielsen is alleging. Clem wants the testimony tossed because he says Haas is no expert on the matter. Haas is an expert in business valuations.
Clem states that Haas has based the reputation and goodwill damage on the fact that Cox Media Group requested a pricing concession from Nielsen because of Defendants’ alleged wrongdoing. Haas concedes that no concession was given to Cox in its recent contract extension. However, he says based on pure speculation, according to Clem, that Cox may again request a price concession when it negotiates its future contract with Nielsen. Clem says opinion based on speculation and hypothetical future events is not verifiable and is, therefore, not within the purview of admissible expert testimony.
In addition, Clem’s team says Haas does not have the ability to render an expert opinion on the speculative future damages associated with any future negotiations between Nielsen and Cox. “More importantly, Haas has never worked nor does he have any expertise in either the radio industry or the measurement of radio listening audiences, the two industries that are at issue in this case. Clem’s team says Haas’ deposition testimony attests to his lack of expertise in the subject matter:
Do you claim to be an expert in the areas of radio broadcasting.
A: No.
The radio industry, in general?
A: I do not.
How about radio ratings services?
A: No, I’m not an expert in radio rating services.
How about radio ratings services contract?
A: No.
For those reasons Clem is asking the judge to throw out the testimony of David Haas.
