Sentences with phrase «flawed expert testimony»

While the error relating to the flawed expert testimony can not be swept aside as harmless, the evidence establishing the appellant's guilty knowledge — and thus his guilt — is overwhelming.

Not exact matches

We... disavow the suggestion in Visa Check that an expert's testimony may establish a component of a Rule 23 requirement simply by being not fatally flawed.

The Defendants did not challenge his qualifications to give this evidence, however, at the conclusion of the expert's testimony the Defendants brought a motion to rule the testimony inadmissible arguing that the expert's «underlying methodology and science are so flawed that the evidence (does not meet the legal test for admissibility)» and that the expert was «biased and purposely misled the court to assist the plaintiff ``.

Finding: «The presence of opposing expert testimony caused jurors to be skeptical of all expert testimony rather than sensitizing them to flaws in the other expert's testimony... Thus, contrary to the assumptions in the Supreme Court's decision in Daubert, opposing expert testimony may not be an effective safeguard against junk science in the courtroom.»