Sentences with phrase «experts over the evidence»

The first is that, while the trial judge set out his findings of fact, those findings depend on him having preferred the evidence of the plaintiffs» experts over the evidence of the defendant's experts.

Not exact matches

Embracing apocalypses, glossing over bad calls and ignoring competing evidence are all part of the pop expert playbook.

He has given evidence in a broad variety of civil courts and both domestic and international tribunals on more than 20 occasions over a period of 30 years as a testifying expert and has sat as an arbitrator, adjudicator or mediator on over 80 occasions.

Judy Anderson, a muscular dystrophy expert at the University of Manitoba in Winnipeg, Canada, adds that evidence for acetylcholine defects in human muscular dystrophy has been contradictory over the years, but if this preliminary finding holds up in mice and humans, it could pave the way for new drug targets.

An international team of experts reported today that evidence linking hormone - mimicking chemicals to human health problems has grown stronger over the past decade

Evidence collected by public health experts over the past few decades repeatedly shows that less obvious forces, including proper diet and exercise, higher levels of education, good jobs, greater neighborhood safety, and underlying support from family and friends, provide a powerful, and often unappreciated, boost to a community's health and well - being.

Mark Lynas, a former anti-GMO activist who now considers GMO fears a «conspiracy theory,» notes that GMO opponents use the same rhetorical tactics beloved of climate deniers: cherry - picking evidence, emphasizing a few dissenting «experts» over the scientific consensus, and attempting to «capture and control the public - policy agenda to enforce its long - held prejudices.»

After hearing evidence from experts including neuroethicist Martha Farah of the University of Pennsylvania and Cephos CEO Steve Laken, Judge Tu Pham, presiding over the case, deemed the data inadmissible, because they did not meet the guidelines for admitting expert scientific evidence.

Similarly, research «experts» may prefer strong or moderate evidence over promising evidence.

Consider this comparison: if you ran a giant food company which produced a particular product for over a hundred years with no basic complaint against it beyond it not being a staple of a standard daily meal diet, and you found yourself accused in just the last 20 years of both knowing it was cancer - causing and paying dietitian experts to tell the public otherwise — despite the lack of irrefutable evidence of its harm and the total lack of credible evidence that you paid «shill experts» to lie on your behalf — why would you suddenly capitulate to arguments against your product while not raising any concern about the corruption accusation hurled at you?

The email from Exxon's in - house climate expert provides evidence the company was aware of the connection between fossil fuels and climate change, and the potential for carbon - cutting regulations that could hurt its bottom line, over a generation ago — factoring that knowledge into its decision about an enormous gas field in south - east Asia.

There is ample empirical evidence that the feared CO2 - caused global warming predicted by the IPCC and climate «experts» has been dramatically fading over the last 15 years.

A natural consequence of science is that over time, as evidence accumulates and points in a certain direction, is that the experts start agreeing on the most likely explanation (eg that smoking increases the risk of cancer; that GHG emissions will cause a positive energy imbalance of the planet which will warm up as a result).

I was baffled — why would little versions of me (for I was a physics undergraduate over two decades ago) not accept manmade climate change when it was backed by overwhelming evidence and endorsed by the vast majority of climate experts, Nobel Laureates and even David Attenborough?

This agreement is documented not just by a single study, but by a converging stream of evidence over the past two decades from surveys of scientists, content analyses of peer - reviewed studies, and public statements issued by virtually every membership organization of experts in this field.

A series of expert consensus reports over the past decade affirm this evidence and make it clear that ecological approaches to farming are fundamental to feeding all people, now and into the future.

Over the space of four days, students from over 20 countries met, heard evidence and questioned key decision makers and experts including Sir David KOver the space of four days, students from over 20 countries met, heard evidence and questioned key decision makers and experts including Sir David Kover 20 countries met, heard evidence and questioned key decision makers and experts including Sir David King.

I wrote over 100 expert witness reports over the next few years and gave evidence in court a number of times.

It is of some interest that his scientific opinion in this regard has changed over the years, evidenced by the expert opinion he rendered in Charbonneau v. ICBC, 1991 New Westminster Registry C890102 (B.C.S.C.), where Justice Mackinnon stated that Dr. York was «emphatic» that the plaintiff had rheumatoid arthritis and that it was precipitated by an accident.

The four month trial, which involved complex evidence from approximately 20 factual and 16 expert witnesses from the US, Switzerland and various jurisdictions in Asia, concluded with Mr Justice Cooke not only dismissing the entirety of SHI's $ 8 billion claim, but also ordering that SHI pay DB over $ 240 million and costs on an indemnity basis.

Amended PD35 gets lathered up over concurrent expert evidence (hot - tubbing), more of which in due course.

It has cropped up in everything from a Supreme Court of Pennsylvania dispute over the qualifications of expert witnesses — «No more flimflam, higgledy - piggledy, harum - scarum expert witnesses» 12 — to the 8th Circuit's affirmation of a trial court's discretion over the order in which evidence is presented — «[t] o ensure that trial does not proceed higgledy - piggledy.»

An Ontario trial judge (recently) used expert evidence based on a Bayesian analysis to get the plaintiff's case over the balance of probability threshold in Goodman v. Viljoen, 2011 ONSC 821.

It also became apparent that a by - product to some extent of the stresses of the post-recession period, was on a personal level evident in an increase in marital dispute emanating from hardship pressures, and an increase in the need for expert valuer evidence into disputes over asset values, and in particular property assets.

In fact, despite widespread and growing discontent with the perpetually vexed expert witness system in the Ontario auto insurance system — OTLA has never shown up at any of the many media battles over systemic shoddy IMEs / IEs which morph into flawed expert opinion evidence (substandard «expert» opinion evidence is as common as dirt in the Ontario personal injury context).

Add to this the complexity of dealing with oral history evidence and extensive expert evidence from a range of fields including history, archaeology, linguistics, anthropology and ethno - history and you may start to understand why Aboriginal rights cases can stretch over months, if not years.

Over the course of a combined 18 years in these roles, Peter has undertaken analysis of electronic evidence in hundreds of criminal and civil matters, presented expert evidence to state and federal courts, investigated and remediated internal and external data breaches for numerous organisations, managed complex electronic discovery environments, and provided advice to government, public and private organisations in relation to cybersecurity and IT governance related issues.

From the perspective of trial advocacy and forensic challenges, a keenly contested arbitration concerning the construction of three large leachate tanks constructed for a large uranium and gold mining facility posed particular challenges in cross examination of the large number of witnesses of 30 days in the conduct of cross-examination of experts giving concurrent evidence in five disciplines over seven consecutive days.

So I ask — how is it possible that a psychologist — unqualified to proffer expert opinion evidence in brain injury cases — was able to do so over and over and over for several years without challenge to his qualifications?

Marshalling over 100 years of complex title records and boundary evidence and testimony of surveying and title experts, obtained judgment for a developer following trial affirming title to and boundaries of 120 - acre subdivision.

To illustrate the problem with accusing judges of bias, given the term's various meanings, the article focuses on recent federal litigation over NYC police stop - and - frisk policy in which (1) the district judge found «implicit bias» in police practices based on accumulated evidence and expert analysis, (2) the Second Circuit found that the district judge engaged in disqualifying judicial bias because of her comments in a prior related lawsuit and in the media, and (3) critics accused the Second Circuit of bias in making decisions that were hard to justify on either procedural or substantive grounds.

Over 500 pages of expert analysis of the California Evidence Code as it applies specifically to criminal matters, along with detailed discussions of the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution.

However, where there is a conflict in either the factual or expert evidence, the court hearing the certification motion does not resolve that conflict; that is a task for the judge presiding over the trial.

Over the years, we have trained many of the UK's leading Experts and have been at the forefront of improving the standards of expert witness evidence in the UK... Read the full story.

Following a later exchange of additional expert evidence on the impact of her injuries, negotiation led to a definitive award of over # 300,000 for the patient.

The pool of competent experts in financial sector litigation is surprisingly small and law firms looking for expert witnesses or advisers face a number of challenges: • Identifying the right expert in a specialised discipline • Developing a short list of suitable candidates on a discreet basis • Avoiding individual experts «shoe - horning» themselves into roles for which they are not properly equipped • Assessing individuals» strengths and weaknesses and prior track records Our experience - as experts ourselves and from working with our associates over an extended period - normally enables us to propose one or more candidates whom we consider the best equipped to address specific issues on which expert evidence is required.

It faults Posner for wrongly interpreting patent claims (over «tap» and «swipe» gestures) and the rules of expert evidence, while also weighing in on when injunctions are available in the case of so - called FRAND patents.

Further, in describing flaws in the data the EEOC's expert Kevin Murphy relied upon to support the disparate impact claim, the Judge labeled these reports as 1) «laughable»; 2) «based on unreliable data»; 3) «rife with analytical error»; 4) containing «a plethora of errors and analytical fallacies,» and a «mind - boggling number of errors»; 5) «completely unreliable»; 6) «so full of material flaws that any evidence of disparate impact derived from an analysis of its contents must necessarily be disregarded»; 7) «distorted»; 8) «both over and under inclusive»; 9) «cherry - picked»; 10) «worthless»; and 11) «an egregious example of scientific dishonesty.»

The attorney's time in interviewing and preparing expert witnesses, poring over documentary evidence, and preparing for and then conducting lengthy trials, drives up the cost of divorce.

Between the waiting for courtroom time, witnesses, experts and jurors, and the presentation of the evidence, you have very little control over the cash flow for this endeavor.