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o Manufacturing and design defect claims typically always require expert testimony on
Supreme Court and its progeny, Joiner and Kumho Tire, which reemphasized the need for judicial scrutiny of the factual foundation of expert testimony, not merely the expert's methodology and framework, ACA stated that that the circuit courts are sharply divided over the trial court's gatekeeping responsibility when confronted with expert testimony premised on unreliable facts, despite the very clear aforementioned rulings.
First, Rule 702 is the law of the land, and federal judges are obligated to enforce it regardless of their personal views on what expert testimony should be admissible.
Such is the bar placed on expert testimony in the Second DCA and, sadly, most everywhere else in this state.
Next, the court of appeals turned to REF's argument that the trial court ignored the expert testimony of its appraiser.
The initial Daubert opinion provides a set of science-based admissibility criteria for federal court expert testimony and installs the trial judge as a "gatekeeper" charged with evaluating all proffered expert testimony and admitting only testimony that is found both relevant and reliable.
No longer - during the simultaneous expert testimony of hot tubbing, points that might otherwise be lost or go unchallenged can be almost immediately addressed.
The Brattle Group provides consulting and expert testimony in economics and finance to corporations, law firms and public agencies around the world.
A frequently cited case for the inadmissibility of such testimony is Magee v Huppin-Fleck, (4) which held that the trial court had improperly admitted expert testimony on the interpretation of the Oregon Business Corporation Act.
of Toledo College of Law, uses her experiences as a police officer, corrections officer and court clerk to analyze the importance of expert testimony during domestic violence cases.
These claims were bolstered by expert testimony that was utterly dishonest and false according to every study of the matter.
BOSTON - The state's highest court yesterday rejected a challenge to Massachusetts' drunken-driving law that would have required prosecutors to provide expert testimony about a driver's blood-alcohol level when stopped, not when a breath test is administered later.
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