CHICAGO-(AEAE)-JUDGE WILLIAM H. YOHN JR RULES THAT EXPERT TESTIMONY NOT SUPPORTED BY LITURATURE IN THE FIELD CAN BE ALLOWED TO BE RELIED UPON AT TRIAL
Justice Department lawyers tried to win dismissal of the suit by challenging two expert witnesses.
Since both experts were essential to proving the case, the government argued, a ruling that excluded either one would also mandate dismissal of the suit on summary judgment.
“ Yohn has ruled that experts are both "reliable" and that their testimony "fits" the case as those terms were defined by the U.S. Supreme Court in the seminal decision Daubert v. Merrill Dow .” Full Story Conflict With Medical Literature Fails to Sink Expert's Testimony
SIDEBAR: What is important to note in this case is that Judge Yohn , Yohn found that Super's opinions are reliable because, taken as a whole, his testimony shows "that he has formulated an opinion as to the general — as opposed to simply his own, personal — standard of care and that, based on his experience, he had a reliable basis for doing so." In other words it is the experience in the area of practice that counts. ‘The 3rd U.S. Circuit Court of Appeals, Yohn noted, has "specifically disavowed reliance on the literature cited by the expert in holding that his testimony was reliable." Leo Stoller is the nations leading intellectually property expert witness contact him at firstname.lastname@example.org
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