In RE DOLE FOOD CO., INC. STOCKHOLDER LITIGATION. in Re Appraisal of Dole Food Company, Inc.

OPINION

LASTER, Vice Chancellor.

The defendants designated a corporation to serve as their expert witness. The plaintiffs objected, arguing that an expert witness must be a biological person. According to the plaintiffs, the distinction matters because a corporate expert witness could claim to rely on the collective knowledge and experience of all of its employees and agents, while a biological person only can rely on the more limited knowledge and experience that a living mind might accumulate.

This decision holds that an expert witness must be a biological person. The defendants therefore…