"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.