A multi-million dollar damages award for breach of contract case could be undone after a federal appeals court Wednesday found an expert witness was erroneously admitted under the federal lay witness evidentiary rule.

The U.S. Court of Appeals for the Tenth Circuit said the jury’s damages verdict for recycling company A-1 Organics in its lawsuit against Heartland relied on testimony from A-1’s chief financial officer, who the court said was improperly classified as a lay witness under Rule 701 instead of an expert under Rule 702.