Second Circuit Upholds Exclusion of Medical Malpractice Testimony

In Kournoukakis v. Dello Russo, No. 05-2927 (2d Cir. Feb. 14, 2006) (Jacobs, Leval, & Straub, JJ.), a Second Circuit panel has upheld the trial court's exclusion of plaintiff's expert testimony in a medical malpractice case. The expert (an M.D./J.D.) was found to be unqualified because he had not practiced medicine since the mid-1990's, did not appear to have a valid medical license, was never trained in the relevant methodology, and did not examine the patient.

The panel's opinion is in the form of an unpublished summary order. The Second Circuit purports to forbid the citation of its summary orders as precedential authority before "this or any other court." See Second Circuit Local Rules § 0.23. We wonder what the Second Circuit believes to be the source of its authority for regulating the citation of its unpublished decisions in other jurisdictions.