He gives the law a grade of «A» or thereabouts
in tackling dubious expert
testimony (with the Daubert revolution),
in preventing the unwarranted extension of class
action concepts from financial -
injury cases to the realm of
personal injury, and — a much newer development —
in introducing serious scrutiny of claims at the pleading stage through the Supreme Court's recent Twombly and Iqbal decisions.
If you represent a tort defendant
in a
personal injury action and the medical bills are extensive, it may be worth considering expert
testimony on the range of payments that insurers typically pay for such services.