Showing results 1-10 of 896.

Cases using phrasing similar to:
"To the contrary, under the Rules the trial judge must ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable."

  General Electric Co. v. Joiner -

Decided: 12/15/1997
District Court Decision: Excluded
Appellate Court Decision: Affirmed

We granted certiorari in this case to determine what standard an appellate court should apply in reviewing a trial 139*139 court's decision to admit or exclude expert testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U. S. 579 (1993). ... And nothing in either Daubert or the Federal Rules of Evidence requires a district judge to reject an expert's conclusions and keep them from the jury when they fit the facts of the case and are based on reliable scientific methodology.

Cited 1971 times
Smoking Abdomen Persistent Organic Pollutants under the Stockholm Convention Persistent Organic Pollutants under the Convention on Long-Range Transboundary Air Pollution Occupational safety and health 

  In re Paoli RR Yard PCB Litigation - 3rd Circuit

Decided: 8/31/1994
District Court Decision: Excluded In Part
Appellate Court Decision: Affirmed

Daubert suggests several factors that a district court should take into account in evaluating whether a particular scientific methodology is reliable (i.e. scientifically valid), including the testability of the expert's hypothesis ("whether it can be (and has been) tested"), Daubert, ___ U.S. at ____, 113 S.Ct. at 2796, whether the methodology has been subjected to peer review and publication, the frequency by which the methodology leads to erroneous results, the existence and maintenance of standards controlling the technique's operation, and whether the methodology has been generally accepted in the scientific community.[7] ... Primarily, however, we must consider the voluminous record concerning expert opinion and, applying Fed.R.Evid. 702 and the standards enunciated by the Supreme Court in Daubert v. Merrell Dow Pharm., Inc., ___ U.S. ____, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), decide whether the district court erred in again excluding the opinions of plaintiffs' experts in connection with its summary judgment determination.

Cited 908 times
Medical terminology Medical specialties Proteomics Respiratory diseases Industrial occupations 

  Moore v. Ashland Chemical Inc. - 5th Circuit

Decided: 8/14/1998
District Court Decision: Excluded
Appellate Court Decision: Affirmed

The majority en banc opinion (1) conflicts with the view of other circuits, a state court of last resort, and scholarly commentary, in 280*280 holding that (a) a clinical medical expert cannot express an opinion as to a causal relationship between a chemical compound and a plaintiff's disease, although the opinion is based on the sound application of generally accepted clinical medical methodology, unless the causal link is confirmed by hard scientific methodology as per the Daubert factors[1], see Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 593-94, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993); ... For example, the report of the American College of Trial Lawyers on Standards and Procedures For Determining the Admissibility of Expert Evidence After Daubert, 157 F.R.D. 571 (1994) recognizes that the basic Daubert requirement that a trial judge determine whether a proffer of expert testimony is reliable or valid applies to all forms of expert testimony and that the particular expert at issue should have her methodology, i.e. the validity of her opinion, judged by the principles applicable to "that particular field."

Cited 434 times
Respiratory diseases Respiratory therapy Occupational diseases Medical specialties Social sciences 

  Smith v. Ford Motor Co. - 7th Circuit

Decided: 6/2/2000
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

The Daubert standard applies to all expert testimony, whether it relates to areas of traditional scientific competence or whether it is founded on engineering principles or other technical or specialized expertise. ... Where an expert's hypothetical explanation of the possible or probable causes of an event would aid the 719*719 jury in its deliberations, that testimony satisfies Daubert's relevancy requirement.

Cited 380 times
Engineering disciplines 

  State v. Foret - LA

Decided: 12/7/1993

A recent United States Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals, Inc., ___ U.S. ___, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), set forth a means for determining reliability of expert scientific testimony and answered many questions as to proper standards for admissibility of expert testimony. ... The above-noted similarity between the federal and Louisiana rules on the admission of expert testimony, coupled with similar guidelines for the admissibility of expert scientific testimony pronounced by this court in Catanese, persuade this court to adopt Daubert's requirement that expert scientific testimony must rise to a threshold level of reliability in order to be admissible under La.C.E. art. 702.

Cited 269 times

  City of Tuscaloosa v. Harcros Chemicals, Inc. - 11th Circuit

Decided: 10/23/1998
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded, Affirmed

The Court then held that Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), did not alter this long-standing rule in the specific context of expert testimony, and in fact did not address the standard of appellate review of such rulings at all. ... Garner offered data and testimony regarding costs borne and profits garnered by the defendants in the Alabama chlorine market, and also verified the data included in a database prepared by another of the plaintiffs' experts, statistician James McClave. McClave offered data showing, and testimony regarding the statistical significance of, market shares in the Alabama chlorine market, incumbency rates (i.e., the frequency with which companies retained chlorine contracts with particular municipalities from year to year), the frequency of tie bids in the market, prices bid by the defendants, winning bid prices, and costs borne by the defendants.

Cited 261 times
Anti-competitive behaviour Market structure and pricing Commercial crimes Business terms Sales 

  Dodge v. Cotter Corp. - 10th Circuit

Decided: 4/22/2003
District Court Decision: Admitted
Appellate Court Decision: Reversed/Remanded

In No. 01-1197, Cotter appeals the Jewett group judgment, arguing that: (1) the district court failed to perform its gatekeeper function as required by Daubert and erred by admitting the testimony of certain plaintiffs' experts; (2) even if the expert testimony is admissible, the evidence was legally insufficient to send the negligence claim to the jury because plaintiffs failed to demonstrate either a breach or causation; (3) plaintiffs failed to introduce relevant evidence of trespass damages and the evidence is insufficient to support the trespass verdicts; and (4) the medical monitoring judgments must be reversed under Colorado law and in the absence of a supportable finding of negligent conduct. ... The district court denied Cotter's motion to exclude several of the Jewett group plaintiffs' experts on the grounds that the testimony was unreliable and inadmissible under Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).

Cited 219 times
Radioactive waste Medical specialties Chemical elements Oxides Uranium compounds 

  Berry v. City of Detroit - 6th Circuit

Decided: 6/17/1994
District Court Decision: Admitted
Appellate Court Decision: Reversed/Remanded

Although, as indicated, Daubert dealt with scientific experts, its language relative to the "gatekeeper" function of federal judges is applicable to all expert testimony offered under Rule 702. "[U]nder the Rules the trial judge must ensure that any and all ... testimony or evidence admitted is not only relevant, but reliable." ... The Daubert Court's final observation is also pertinent here: "[T]he Rules of Evidence — especially Rule 702 — do assign 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 211 times
Engineering disciplines 

  Berry v. City of Detroit - 6th Circuit

Decided: 6/17/1994

Although, as indicated, Daubert dealt with scientific experts, its language relative to the "gatekeeper" function of federal judges is applicable to all expert testimony offered under Rule 702. "[U]nder the Rules the trial judge must ensure that any and all ... testimony or evidence admitted is not only relevant, but reliable." ... The Daubert Court's final observation is also pertinent here: "[T]he Rules of Evidence — especially Rule 702 — do assign 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 209 times

  Nimely v. City of New York - 2nd Circuit

Decided: 6/27/2005
District Court Decision: Admitted
Appellate Court Decision: Reversed/Remanded

Daubert enumerated a list of factors that, while not constituting a "definitive checklist or test," a district court might consider in evaluating whether a proffered expert opinion has the required indicia of scientific reliability: whether a theory or technique had been and could be tested, whether it had been subjected to peer review, what its error rate was, and whether scientific standards existed to govern the theory or technique's application or operation. ... Thus, we have previously stated that "when an expert opinion is based on data, a methodology, or studies that are simply inadequate to support the conclusions reached, Daubert and Rule 702 mandate 397*397 the exclusion of that unreliable opinion testimony."

Cited 185 times