Economics Expert Was Allowed to Opine on the Cut-Off Date for Damages

This is an employment lawsuit brought by Stephen (Rex) Sanders and Terri Levels, who both worked at the Bay Area Air Quality Management District. Sanders served as the Chief Administrative Officer, and Levels served as the Human Resources Officer. In 2023, the District terminated the employment of both Sanders and Levels.

Sanders and Levels claimed that they were fired in retaliation for complaining about workplace discrimination. Plaintiff’s motion in limine sought to exclude Defendant’s highly credentialed economic expert Kaycea Campbell, Ph.D. from testifying altogether because a portion of her opinion asserted what Plaintiffs contended is a legal conclusion (i.e., that damages should be cut off on the date that Plaintiffs voluntarily withdrew from Defendant’s internal grievance process).

Economics Expert Witness

Kaycea Campbell holds a master’s degree and Ph.D. in economics, and has worked, consulted, taught, and published in this field for over two decades.

Get the full story on challenges to Kaycea Campbell’s expert opinions and testimony with an in-depth Challenge Study.

Discussion by the Court

Plaintiffs did not challenge Campbell’s qualifications or the reliability of her testimony under Rule 702, but instead challenged her use of the date of Plaintiffs’ withdrawal from the internal grievance appeals process as a cut-off for damages on the basis that this is a legal conclusion.

However, Campbell may properly testify that, in her opinion, the Employment Development Department (EDD) requirements for unemployment claims are relevant in order to assess whether damages had been mitigated, and that those requirements involve pursuit of the appeals.

Campbell need not be an HR expert to state that, from an economic perspective, the EDD’s guidance is probative of the industry standard, and may then provide the jury with a damages calculation based on applying the EDD’s standard.

Held

The Court denied Plaintiffs’ motion to exclude the testimony of Defendant’s economic expert Kaycea Campbell.

Key Takeaway

Campbell’s limited opinion about Plaintiffs’ claimed damages is admissible because she properly makes an expert assessment as to the relevant damages cut-off dates.

Case Details:

Case Caption:	Sanders V. Bay Area Air Quality Management District
Docket Number:	3:23cv4416
Court Name:	United States District Court, California Northern
Order Date:	February 03, 2026