Can an expert's failure to test his theories on the basis of admissibility?
MultiRegion, United States of America
The following excerpt is from Hilsley v. Ocean Spray Cranberries, Inc., Case No.: 17cv2335-GPC(MDD) (S.D. Cal. 2018):
admissibility. See Clay v. Ford Motor Co., 215 F.3d 663, 668-69 (6th Cir. 2000) ("The district court, in its discretion, could have decided that [expert's] failure to test his theories went to the weight of his testimony regarding defects in the [product], not to its admissibility.").
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