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.e., a statement that rests solely on the authority of the expert who made the statement.
(37) "Ipse dixit" means "a bare assertion resting on the authority of an individual." BLACK'S Law DICTIONARY (5th ed.).
There is an interesting contrast in the Daubert cases, under which testimony that is supported only by the expert's experience and training is derided as being the mere "ipse dixit" of the expert and nearly automatically excluded.
The Daubert cases dismiss it contemptuously as ipse dixit, while Florida state courts must admit it without so much as an inquiry.
Ipse dixit. The courts have shown that they mean it when they say that an expert's vouching for his or her own method of analysis is inadequate.
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."(19)
Moreover, far from closing the debate with an ipse dixit
, he constantly suggests new lines of research and challenges the reader's assumptions about that most subtle of authors, La Fontaine.
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.(131)
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.