Wednesday, March 10, 2010

Primiano v. Howmedia Osteonics (9th Cir. - March 10, 2010)

Here's a good primer -- as well as a holding -- on how to properly apply Daubert. Particularly, as here, to medical expert testimony.

The opinion, by Judge Kleinfeld, is written like an old-time law review article. The kind of thing we don't see anymore. Lots of quotes about and citations to standards, and then a discussion of those several pages of standards to the facts.

This is not your typical modern opinion, at least in style. But it works. And is persuasive.