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Webb v. Ethicon Endo-Surgery, Inc., No. CV 13-1947 (JRT/JJK), 2015 WL 6756046 (D. Minn. Nov. 4, 2015)

January 13, 2016 by Matthew Bass

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The Court held that Webb’s Rule 702 motion to exclude expert testimony failed to show the three medical experts methods were unreliable because: (1) disagreement on conclusions of the experts is not a sufficient basis to establish that the opinions are contrary to accepted scientific practice and these issues are more appropriately the subject of cross examination; (2) Webb’s issue was with the accuracy of the experts analysis rather than the general reliability of the methods and these issues are more appropriately the subject of cross examination; and (3) Webb failed to establish that the experts conclusion that a particular test is an unreliable measure of intelligence should be excluded and these issues are more appropriately the subject of cross examination.

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