Friday, October 15, 2004

Site Adds Unpublished 9th Circuit Memorandum Dispositions

The Ninth Circuit has begun posting its unpublished memorandum dispositions on the web, but it plans to leave them up for only thirty days. Maybe it can't afford the server space to make the postings permanent.

But we can -- at least for the moment, and at least for decisions involving the admissibility of expert evidence. We're hopeful that some institution with more resources will soon undertake this task for all unpublished Ninth Circuit decisions, but in the interim, we give you our inaugural entry: Cooper v. Travelers Indem. Co. of Ill., No. 03-15551 (9th Cir. Oct. 13, 2004) (Meskill, Trott, & McKeown, JJ.) (upholding trial court's exclusion of testimony from economist who relied on unverified client data).

Readers are cautioned that citation of memorandum dispositions to courts within the Ninth Circuit remains verboten.


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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.