is dispositive at trial, and both sides rely heavily on it.
* Climatological Analysis * Industrial Meteorology & Air Impact * Atmospheric Modeling * Wind & Ice Loading * Data Management Software & Services
(65) Courts have also accepted ineffective assistance of counsel contentions where defense counsel failed to present expert testimony
on battered spouse syndrome (66) and where defense counsel failed to seek a jury instruction on battered spouse syndrome after proffering expert testimony
Another open question is whether the Teva decision will increase the use of extrinsic evidence, such as expert testimony
, in district court Markman proceedings.
Similarly, the Seventh Circuit remanded for a new trial when the district court failed to conduct a proper Daubert analysis in a case involving a defendant who sought to present expert testimony
on false confessions and his susceptibility to coercion.
o Breach of warranty claims typically require expert testimony
This Frye general acceptance standard was the prevailing standard for evaluating expert testimony
in federal courts for several decades.
The Fifth Circuit's failure to properly scrutinize the factual underpinnings of the Respondent's software expert in the present case is but one manifestation of a splintering of the Daubert gate that is weakening the Court's protection against factually unfounded expert testimony
," stated ACA's amicus in its introduction.
(22) Instead, Daubert requires federal judges faced with a proffer of scientific expert testimony
to make a preliminary assessment of whether the reasoning or methodology underlying the expert's testimony is scientifically valid by considering several nonexclusive features: its subjection to peer review; its known or potential error rate; its falsifiability, refutability, or testability; the existence and maintenance of standards controlling its operation; and its general acceptance in the relevant scientific community.
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
. This outrageous problem prompted Judge Robert Andrews to opine, "It's gotten as bad as it can get," referring to hired guns.
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.
We could debate whether the passing of those more gentlemanly arrangements is a loss, but it is now clear that those days are long gone - expert testimony
is now a professional activity in its own right and it seems there is no place for the amateur 'gentleman players'.