Showing results 1-10 of 185.

Cases using phrasing similar to:
"As expert evidence, the testimony need only assist the 565*565 trier of fact, through the application of scientific, technical, or specialized expertise, to understand the evidence or to determine a fact in issue."

  US v. Frazier - 11th Circuit

Decided: 10/15/2004
District Court Decision: Excluded In Part, Admitted
Appellate Court Decision: Affirmed

In Daubert, the Supreme Court suggested that a trial court assessing the reliability of proposed scientific testimony might consider, among others, the following factors: (1) whether the theory or technique underpinning the expert's opinion "can be (or has been) tested"; (2) whether the theory or technique "has been subjected to peer review and publication"; (3) whether, with respect to particular theory or technique, there is a high "known or potential rate of error," and whether there are "standards controlling the technique's operation"; and (4) whether the theory or technique enjoys "general acceptance" within the "relevant scientific community." ... In Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), the Supreme Court "assign[ed] to the trial judge the task of ensuring that an expert's testimony both rests on a reliable foundation and is relevant to the task at hand."

Cited 419 times
Heuristics Applied sciences Rape Retailing Secondary sexual characteristics 

  Allison v. McGhan Medical Corp. - 11th Circuit

Decided: 8/18/1999
District Court Decision: Excluded
Appellate Court Decision: Affirmed

While meticulous Daubert inquiries may bring judges under criticism for donning white coats and making determinations that are outside their field of expertise, the Supreme Court has obviously deemed this less objectionable than dumping a barrage of questionable scientific evidence on a jury, who would likely be even less equipped than the judge to make reliability and relevance determinations and more likely than the judge to be awestruck by the expert's mystique. ... Some judges, noting the general complexity of some expert evidence and in the penultimate exercise of caution and conscience, have exercised their inherent authority to use outside experts and have engaged in elaborate Daubert inquiries in 1311*1311 an effort to sort out conflicting scientific opinions in a comprehensive search for reliability and relevance.

Cited 419 times
Rheumatology Autoimmune diseases Implants (medicine) Anatomical pathology Medical terminology 

  Rink v. Cheminova, Inc. - 11th Circuit

Decided: 2/24/2005
District Court Decision: Excluded
Appellate Court Decision: Affirmed

The district court granted summary judgment to the manufacturer of the substance and its related entities following the court's exclusion of expert testimony under the principles of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). ... In ascertaining reliability under the second Daubert prong, we have identified several factors which can be considered: (1) whether the expert's methodology can be tested; (2) whether the expert's scientific technique has been subjected to peer review and publication; (3) whether the method has a known rate of error; (4) whether the technique is generally accepted by the scientific community.

Cited 181 times
Medical terminology Invasive insect species Beekeeping Bees 

  Guinn v. AstraZeneca Pharmaceuticals LP - 11th Circuit

Decided: 4/6/2010
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Not only does this cast doubt on Dr. Marks' differential diagnosis, but it also violates a primary purpose of Daubert: to ensure the expert "employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field." ... Prior to trial, AstraZeneca filed a Daubert motion for the exclusion of the expert testimony of Dr. Jennifer Marks and a motion for summary judgment.

Cited 46 times
Diabetes Logic Smoking cessation Drug rehabilitation Psychoactive drugs 

  Maiz v. Virani - 11th Circuit

Decided: 6/8/2001
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Defendants next challenge under Daubert the district court's refusal to limit the testimony of Plaintiffs' liability expert, Kenneth Barker. ... As we explained in City of Tuscaloosa v. Harcros Chemicals, Inc., 158 F.3d 548 (11th Cir.1998), for expert testimony to be admissible under Rule 702 of the Federal Rules of Evidence, the proponent of the testimony must show that: (1) the expert is qualified to testify competently regarding the matters he intends to address; (2) the methodology by which the expert reaches his conclusions is sufficiently reliable; and (3) the testimony assists the trier of fact, through the application of scientific, technical, or specialized expertise, to understand the evidence or to determine a fact in issue.

Cited 42 times
Partnerships Real estate investment trusts Organized crime activity Money laundering Commercial crimes 

  Corwin v. Walt Disney Co. - 11th Circuit

Decided: 1/22/2007
District Court Decision: Excluded In Part
Appellate Court Decision: Affirmed

On appeal, Corwin argues that (1) the district court wrongfully excluded testimony of Waters's former wife and Jaffray's widow and daughter, "weigh[ing] the evidence in the guise of excluding virtually all of appellant's evidence, thus creating the appearance of an absence of triable facts," Appellant's Br. at 4; (2) the district court wrongfully excluded the reports of his experts in failing to conduct a Daubert hearing and by employing "the wrong standard for substantial similarity under copyright law," Id. at 5; (3) due to the above and to the application of incorrect standards with regard to access, the district court erred in granting summary judgment in favor of WorldCo; and (4) Corwin demonstrated excusable neglect for his failure timely to object to the taxation of costs, and even if he did not, the district court's improper taxation ought to be reviewed on the merits. ... On 12 November 2004, the district court granted the Daubert motion to strike portions of Corwin's four initial expert reports on the grounds that (1) those portions utilized improper methodology, impermissibly comparing ideas in the Painting and EPCOT rendering and failing to compare expressive or protectable elements; and (2) the reports contained lists of similarities that are inherently subjective and unreliable.[3]

Cited 34 times
Arts Landscape architecture 

  US v. Hansen - 11th Circuit

Decided: 8/24/2001
District Court Decision: Admitted
Appellate Court Decision: Affirmed

A district court should conduct a Daubert inquiry when the opposing party's motion for a hearing is supported by "conflicting medical literature and expert testimony." ... Daubert hearings are not required, but may be helpful in "complicated cases involving multiple expert witnesses."

Cited 28 times
Sewerage Hazardous waste Petroleum production Aquatic ecology Manufacturing 

  Rudd v. General Motors Corp. - 11th Circuit

Decided: 1/19/2001

In Daubert, the Supreme Court set forth a list of factors that may guide the trial judge's Rule 702 decision as to whether expert testimony might reliably assist the factfinder, including: whether a theory or technique can be or has been tested; whether a theory or technique has been subjected to peer review or publication; whether a theory or technique has gained widespread acceptance within a relevant community of experts, or, rather, has been unable to garner more than minimal support; and the known or potential rate of error of a technique, and the existence and maintenance of standards controlling the technique's operation. ... While Kumho affirmed the potential applicability of the Daubert factors to testimony that is technical-, engineering-, or experience-based, the Kumho Court also made it clear that a trial court should tailor its Rule 702 evaluation to the particular circumstances before it, and that the Daubert-type analysis should not be used to disfavor expert testimony grounded in experience or engineering practice rather than in pure scientific theory:

Cited 26 times

  Hudgens v. Bell Helicopters/Textron - 11th Circuit

Decided: 4/25/2003
District Court Decision: Excluded

In response to a motion by DynCorp, the district court treated these materials as expert opinion evidence, see Fed.R.Evid. 702, and struck portions of the materials which it deemed inadmissible under the test set forth in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and its progeny. ... Admission is proper if "(1) the expert is qualified to testify competently regarding the matters he intends to address; (2) the methodology by which the expert reaches his conclusions is sufficiently reliable as determined by the sort of inquiry mandated in Daubert; and (3) the testimony assists the trier of fact, through the application of scientific, technical, or specialized expertise, to understand the evidence or to determine a fact in issue."

Cited 19 times
Helicopter components Fracture mechanics 

  Jack v. Glaxo Wellcome, Inc. - 11th Circuit

Decided: 8/23/2002

The "overarching" goal of Daubert's gatekeeping requirement "... is to make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field." ... The requirements for admitting scientific expert testimony under Daubert apply to all experts.

Cited 16 times