Expert testimony admitted without objection struck by Supreme Court.  City of San Antonio v. Pollock, 284 S.W.3d 809 (Tex. 2009).

Summary re striking unobjected to expert testimony.

While the Texas Supreme Court has made it clear over the last several years that expert testimony without foundation cannot be admitted into evidence, it remains murky where the line should be drawn. If an expert simply states a conclusion without any explanation or asks jurors to “take my word for it,” his testimony is “no evidence.” Arkoma Basin Exploration Co. v. FMF Assoc. 1990-A, Ltd., 249 S.W.3d 380, 389 (Tex. 2008)(where expert testimony was found to be admissible). If an expert cites no literature and conducts no tests to support his theory, his testimony is “no evidence.“ Volkswagen of Am., Inc. v. Ramirez, 159 S.W. 3d 897, 906 (Tex. 2004). If an expert merely recites the pattern jury charge and answers the questions without provided a factual basis for his answers, his testimony is “no evidence.” Coastal Transp. Co. v. Crown Cent. Petroleum Corp., 136 S.W.3d 227, 231 (Tex. 2004).

Under Pollock, a trial judge must also reject testimony offered without objection, with an analysis and with alleged scientific support, that nevertheless is erroneous. [fn12]

[fn 12] The author refers to this as “the world is flat” objection.

Hon. Martha Hill Jamison, "TEXAS SUPREME COURT UPDATE," STATE BAR LITIGATION SECTION, NEWS for the BAR, at 6 (Fall 2009).  In one breath, Daubert rejects "junk science," while simultaneously assuming that judges, without support in the record, or specialized training, may determine whether scientific evidence is valid.  The implicit assertion that [conservative] judges know more than all trained experts borders on hubris, and is in fact just ongoing "junk law."  If a defense attorney cannot put into the record why this supposedly defective evidence should fail, then her or his client should loose, and not be bailed out by the deus ex machina of the Supreme Court or Fifth Circuit, exercising their own, more profound, form of ipse dixit, or perhaps ipse fiat.