Jurisdictional Issues - which claims require expert testimony
That's because, in practice, no judge is wont to let unqualified or unhelpful expert testimony
into her or his courtroom.
90) Generally, courts have shifted the authority to assess expert testimony
from juries to judges.
After extensive briefing and oral argument, the Eleventh Circuit affirmed the District Court s Daubert and summary judgment orders, finding that based on deficiencies in the experts scientific-methodology, the plaintiffs failed to designate reliable expert testimony
for general and specific causation.
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.
This is consistent with many decisions to institute review, which credit the expert testimony
of one party or the other to support the Board's decision.
Indeed, it is precisely the abject failure of the legal system to control lying experts in the quest to redistribute wealth that has led to the call by many for better review and control over expert testimony
Here, the court of appeals noted that Citizens' appraiser provided expert testimony
in which he explained his methodologies, described the facts used in the appraisal, and gave his expert opinion on the true fair market value.
It is the introduction of hot tubbing - simultaneous expert testimony
and questioning, including questions posed by the opposing expert - which is the biggest potential 'game changer'.
They were; (I) Whether a nurse can testify as an expert regarding medical causation: and (2) whether defense expert testimony
offering alternative causation theories must meet the "reasonable degree of medical probability" standard.
The results in contemporary litigation often turn on how cogent and persuasive one's expert testimony
on domestic violence; a discourse analysis.
As the provision of medical expert testimony
requires not only a medical degree, but advanced levels of knowledge and skill, it is logical that it should be considered an integral part of the practice of medicine.
These claims were bolstered by expert testimony
that was utterly dishonest and false according to every study of the matter.
With recent advances in forensic medicine, neuropsychologists are being called upon to provide expert testimony
in courtrooms more than ever before.