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Michael Hoenig, a member of Herzfeld & Rubin, reports on a trio of decisions dealing with reliability of expert testimony. In Bland , the Eighth Circuit considers a treating physician's causation testimony based on a differential diagnosis. In Polski , the same court focuses on the absence of testing of the expert's theory despite plaintiff's argument that such testing would be unethical. And, in LeBlanc , a federal agency's draft report figures prominently in the Fifth Circuit's admissibility analysis.
October 09, 2008 at 12:00 AM
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