Expert Can Still Testify, Despite Opinions Being Thrown Out

A recent case illustrated how expert testimony may still be appropriate even when all of the expert’s actual opinions are deemed inadmissible.  In Ross v. Rothstein (March 12, 2015), the Court concluded that an expert’s testimony still offered information helpful to the Court with regard to underlying facts that supported his improper (legal) opinions.  The Court cited Rule 702(a) that a qualified expert “may testify in the form of an opinion or otherwise if: (a) the expert’s … other specialized knowledge will help the trier of fact”.  Therefore the Court allowed the expert to offer testimony with regard to the operation, function, and trading of stocks on over-the-counter securities markets that could inform the Court in drawing its own legal opinions.

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