"Therefore, Love was required to produce expert testimony
that, with a reasonable degree of medical certainty, the alleged morphine overdose caused her injuries," Hardwick wrote.
Although it is established law in Maryland that expert testimony
is required to set that standard in medical malpractice litigation, the recent Maryland case of Armacost v.
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In light of this, battered defendants may offer expert testimony
on battered spouse syndrome to explain the defendant's perception that use of deadly force was justified and reasonable in light of the circumstances.
In that case, can the Federal Circuit ignore the expert testimony
relied upon by a district court and decide that intrinsic evidence alone is enough for construing the claim term under de novo review?
If, and only if, the district court concludes that it erred in admitting (or excluding) the expert testimony
would a new trial be required.
* Jurisdictional Issues - which claims require expert testimony
(90) Generally, courts have shifted the authority to assess expert testimony
from juries to judges.
That's because, in practice, no judge is wont to let unqualified or unhelpful expert testimony
into her or his courtroom.
Trellvion Gaines--ACA's brief has actually been cited for this important proposition, stressing the "gatekeeper" function obligation of the trial court over expert testimony
, both as to its factual assumptions and analysis, and to the reliability of its methodology and conclusions per se.
(7) In most jurisdictions, the admission of expert testimony
is left to the discretion of the trial judge.