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In its August 4 order, the district court reiterated that the retained medical expert could not provide an opinion for the cause of Johnson's injuries; Johnson did not challenge that ruling on appeal.
Civil Procedure Rule 35.1 provides that expert ... It would amount to no more than an expression of opinion by the expert, either as to what he himself would have done, which could not assist ...
However, in doing so you may have walked into a trap caused by Rule 26 of the Federal Rules of Civil Procedure ... attorney opinion, considered by a testifying expert in formation of his ...
Testifying as an expert medical witness for the city of Saratoga Springs and its police department, Elizabeth Laposata directly contrasted the opinion of the plaintiff’s medical expert ...
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