First, Milward's application of the "weight of the evidence" methodology permits an expert's opinion to be admitted solely on the basis of the ipse dixit
of the expert--i.
More particularly, Kumho says that "nothing in either Daubert or the Federal Rules of Evidence requires a district court to admit opinion evidence" based on only "the ipse dixit of the expert," however well qualified he may be.
The Daubert cases dismiss it contemptuously as ipse dixit, while Florida state courts must admit it without so much as an inquiry.
In rejecting an expert's conclusion that a defective ignition switch system caused a postcollision fire, a federal district judge in New York said that "without some explanation of the data, studies, or reasoning [the expert] employed, his conclusion is simply inadmissible ipse dixit
Whether by example or on a case-by-case basis, it is questionable whether the Commissioner can simply assert ipse dixit
that the results of a transaction achieved under the literal language of the regulation contradict the purposes of the regulations and therefore may be ignored.
In a product liability action in federal court, where Daubert standards apply, a plaintiff's expert's opinion evidence grounded on the expert's ipse dixit
or bare assertion does not cut the ice, the Seventh Circuit ruled in Clark v.