This case features a collapsed Ponzi scheme, more than 200 investor-victims, and a federal equity Receiver. The Receiver sued Baker Donelson law firm and two of its former employees— individuals now with federal criminal convictions—for aiding and abetting, civil conspiracy, and other claims under Mississippi law. She seeks to hold them accountable for “the unsustainable liabilities inflicted by the Ponzi scheme” that harmed Madison Timber Properties’ “ability to repay [its] investors.”
Baker Donelson hired Robert L. Gibbs to provide expert opinion on notaries in the State of Mississippi. The Receiver filed a motion to exclude Gibbs’s opinion.
Law And Legal Expert Witness
Robert Gibbs is a licensed Mississippi attorney with over 40 years of experience, including time serving as a state Circuit Judge.
Discussion by the Court
To begin with, the Court is not convinced that Gibbs is qualified to offer expert testimony in the proffered field. The Court is not convinced there even is such a field of specialized expertise “on the use of notarial officers (‘notaries’) in the State of Mississippi.”
And, assuming there is, Gibbs’ experience, though impressive, does not demonstrate how he would have any special insight into the notarial process that was unavailable to anyone with a general legal background, or even any person who has had occasion to have documents notarized.
Finally, Gibbs answers certain questions largely by quoting a Mississippi Supreme Court case and the Mississippi Administrative Code. Also, Gibbs opined that the notaries breached their professional obligations and deviated from the standard of care for notarial practice in Mississippi. However, these are mere summaries of the law. To sum up, the purpose of expert testimony is not to render legal conclusions.
Held
The Court granted Receiver’s motion to exclude the testimony of Robert Gibbs.
Key Takeaway
Since there is no indication that Gibbs’ opinion would provide any special insight that would not already be known to a lay person who has had occasion to interact with a notary, the Court held that his opinions venture outside the proper scope of expert testimony, are unhelpful to the jury, and must be excluded.
Case Details:
| Case Caption: | Mills V. Baker |
| Docket Number: | 3:18cv866 |
| Court Name: | United States District Court for the Southern District of Mississippi, Northern Division |
| Order Date: | February 04, 2026 |
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