o Warnings - whether expert testimony
is required is jurisdiction dependent
The Fifth Circuit's failure to properly scrutinize the factual underpinnings of the Respondent's software expert in the present case is but one manifestation of a splintering of the Daubert gate that is weakening the Court's protection against factually unfounded expert testimony
," stated ACA's amicus in its introduction.
Carmichael (8)--each of which tightened the standards for the admissibility of expert testimony
Although the pure opinion exception is not new in Florida, it has resurfaced and is being used to admit expert testimony
that has no indicia of reliability.
Going forward In the long term, this will inevitably increase the price of expert testimony
- the fact that expert witnesses bear increasing exposure in terms of personal embarrassment during testimony, combined with potential professional negligence claims and the burden of trial preparation, will drive up standards and cause weaker firms to leave the market.
However, expert testimony
on the proper interpretation and application of the merger provisions of the Illinois Business Corporation Act was central to the court's decision in USX Corp v White.
The position proposed by the defendant and accepted by the judge, that expert testimony
The exact standard for the admission of expert testimony
remains uncertain, and because evidentiary decisions under Daubert are reviewed only for abuse of discretion, courts have had little opportunity to reconsider or redefine the standard of admissibility.
The court held, inter alia, that the trial judge correctly concluded that the plaintiff was required to present expert testimony
as to the standard of care in credentialing and recredentialing as well as testimony that the hospital, in fact, breached the applicable standard of care.
The authors state their purpose clearly: "[W] hat proffered expert testimony
should be accepted or rejected by the courts?
7) Such expert testimony
should be used for the limited purpose of providing a context to evaluate the credibility of a witness.
Michael Hoffman from taking the stand after lawyers for the drug maker said his testimony would be subjective, potentially confusing for jurors and violate court rules that limit expert testimony
to scientific and technical topics.