Court excludes the 'horse he rode in on' but lets expert testify
Daubert Watcher 6.10.2008
In a contracts case(American Fed. Bank vs. United States, US Ct. of Fed. Claims) , the court noted that one of the experts in the case (Dr. Anjan Thakor's) report was admitted into evidence although he relied upon a document that was not allowed into evidence in the case. The expert relied on the plaintiff's (American Federal) 1993 10-K, and that document was not admitted at trial.
The court said that Dr. Thakor's expert opinion could legitimately rely on documentary materials not admitted where such materials were "of a type reasonably relied upon by experts in the particular field." Fed. R. Evid. 703. American Federal's 10-K for 1993 satisfied that criterion.
In a contracts case(American Fed. Bank vs. United States, US Ct. of Fed. Claims) , the court noted that one of the experts in the case (Dr. Anjan Thakor's) report was admitted into evidence although he relied upon a document that was not allowed into evidence in the case. The expert relied on the plaintiff's (American Federal) 1993 10-K, and that document was not admitted at trial.
The court said that Dr. Thakor's expert opinion could legitimately rely on documentary materials not admitted where such materials were "of a type reasonably relied upon by experts in the particular field." Fed. R. Evid. 703. American Federal's 10-K for 1993 satisfied that criterion.
Labels: courts on experts, Daubert
posted by The Experts @ 3:46 PM
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