Plaintiffs allege certain episodes of Defendants’ shows Prank Encounters and Double Cross infringe episodes of Plaintiffs’ show Scare Tactics. The court denies Defendants’ motion for summary judgment, finding genuine disputes remain regarding substantial similarity and damages. The court also largely denies motions to exclude expert testimony on similarity and damages, ruling that flawed assumptions and questionable methodologies are issues for cross-examination, not grounds for wholesale exclusion. Disagreements with experts’ opinions will go to the weight of their testimony, not admissibility. Thus the case will proceed toward a jury decision.
Read More →Tag: Reliability
Colorado Court weighs reliable basis of Pathology Expert’s testimony over semantics in medical negligence suit
The Court rejected the Plaintiff’s argument to exclude the Defense expert’s opinion that high mitotic rates correlate with poor prognosis. While the Plaintiff insisted this equated to an unreliable, unsupported “prediction” of causation, the court found the dispute merely semantic. The expert never explicitly opined mitotic rates “predict” malignancy. Rather, he suggested an “association” or “correlation” based on his experience and medical literature. The court held this methodology provides a reliable basis for the expert’s opinions relevant to delayed diagnosis issues. Defendants satisfied Rule 702 standards. Despite semantics, the expert can offer his correlation opinion at trial, subject to Plaintiff’s cross-examination. The court weighed the reliable basis over wording disputes in denying the motion to strike.
#rule702 #expertwitness #experttestimony
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