Showing results 1-10 of 413.

Cases using phrasing similar to:
"In other cases, the relevant reliability concerns may focus upon personal knowledge or experience."

  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 

  Pipitone v. Biomatrix, Inc. - 5th Circuit

Decided: 4/18/2002
District Court Decision: Excluded
Appellate Court Decision: Affirmed, Reversed/Remanded

In the later case of Kumho Tire Co. v. Carmichael,[16] the Supreme Court emphasized that the Daubert analysis is a "flexible" one, and that "the factors identified in Daubert may or may not be pertinent in assessing reliability, depending on the nature of the issue, the expert's particular expertise, and the subject of his testimony."[17] ... The district court excluded the testimony of the plaintiffs' experts, Doctors Millet and Coco, under the standard set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc.[1] The district court concluded that without the testimony of their two witnesses, the plaintiffs could not establish their case and granted summary judgment in favor of Biomatrix.

Cited 288 times
Medical specialties Drug delivery devices Medical equipment Foodborne illnesses Body fluids 

  Cooper v. Smith & Nephew - 4th Circuit

Decided: 7/9/2001
District Court Decision: Excluded
Appellate Court Decision: Affirmed

The Court further emphasized that the objective of Daubert's gatekeeping requirement is to "make certain that an expert... employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field." ... The Supreme Court in Daubert identified several factors that may bear on a judge's determination of the reliability of an expert's testimony.

Cited 190 times
Skeletal system Vertebrate anatomy Irregular bones Medical specialties Surgical specialties 

  Primiano v. Cook - 9th Circuit

Decided: 3/10/2010
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

And it is reliable if the knowledge underlying it has a reliable basis in the knowledge and experience of the relevant discipline."[36] "[T]he factors identified in Daubert may or may not be pertinent in assessing reliability, depending on the nature of the issue, the expert's particular expertise, and the subject of his testimony."[37] ... It emphasizes, though, that the "test of reliability is `flexible' and Daubert's list of specific factors neither necessarily nor exclusively applies to all experts or in every case."[21]

Cited 137 times
Prosthetics Medical specialties Humerus Long bones Woodworking 

  Mathis v. Exxon Corp. - 5th Circuit

Decided: 8/15/2002
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Daubert, of course, provides an illustrative list of factors that may aid a court in evaluating reliability: "(1) whether the expert's theory can be or has been tested; (2) whether the theory has been subject to peer review and publication; (3) the known or potential rate of error of a technique or theory when applied; (4) the existence and maintenance of standards and controls; and (5) the degree to which the technique or theory has been generally accepted in the scientific community." ... The franchisees supported their theory of the case by calling Barry Pulliam as an expert witness on the economics of the gasoline market in Houston and Corpus Christi.

Cited 136 times
Marketing Distribution, retailing, and wholesaling Fuels Strategic alliances Franchises 

  US v. Brown - 11th Circuit

Decided: 7/8/2005
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Some of them involve Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and question the district court's rulings on the admission of expert testimony. ... All of this explains why "the task of evaluating the reliability of expert testimony is uniquely entrusted to the district court under Daubert," and why "we give the district court `considerable leeway' in the execution of its duty."

Cited 130 times
Chemical properties Science occupations 

  Tamraz v. Lincoln Elec. Co. - 6th Circuit

Decided: 9/8/2010

The manufacturers here do not challenge the district court's primary Daubert ruling on Parkinson's Disease testimony, In re Welding Fume Prods. Liab. Litig., No. 03-cv-17000, 2005 WL 1868046, at *22-37 (N.D.Ohio Aug. 8, 2005), and so we do not decide whether other experts may testify that manganese exposure causes Parkinson's Disease. ... Jan Beyea & Daniel Berger, Scientific Misconceptions among Daubert Gatekeepers: The Need for Reform of Expert Review Procedures, 64 LAW & CONTEMP.

Cited 101 times

  Tamraz v. Lincoln Elec. Co. - 6th Circuit

Decided: 9/8/2010
District Court Decision: Admitted
Appellate Court Decision: Reversed/Remanded

The manufacturers here do not challenge the district court's primary Daubert ruling on Parkinson's Disease testimony, In re Welding Fume Prods. Liab. Litig., No. 03-cv-17000, 2005 WL 1868046, at *22-37 (N.D.Ohio Aug. 8, 2005), and so we do not decide whether other experts may testify that manganese exposure causes Parkinson's Disease. ... Jan Beyea & Daniel Berger, Scientific Misconceptions among Daubert Gatekeepers: The Need for Reform of Expert Review Procedures, 64 LAW & CONTEMP.

Cited 101 times
Neurological disorders Extrapyramidal and movement disorders Midbrain Railway occupations Medical terminology 

  Burleson v. Texas Dept. of Criminal Justice - 5th Circuit

Decided: 12/9/2004
District Court Decision: Excluded
Appellate Court Decision: Affirmed

On appeal, this Court affirmed, finding the expert testimony unreliable under Daubert because, inter alia, "no epidemiological study has found a statistically significant link between EtO exposure and human brain cancer." ... However, "the factors identified in Daubert may or may not be pertinent in assessing reliability, depending on the nature of the issue, the expert's particular expertise, and the subject of his testimony."

Cited 99 times
Occupational safety and health Radioactivity Medical specialties Disorders causing seizures Occupational diseases 

  Johnson v. Arkema, Inc. - 5th Circuit

Decided: 6/20/2012
District Court Decision: Excluded, Excluded In Part
Appellate Court Decision: Affirmed

With regard to the reliability of an expert's causation opinion under Daubert, the Curtis court found that "a temporal connection is entitled to greater weight when there is an established scientific connection between exposure and illness or other circumstantial evidence supporting the causal link." ... In conducting our review, "[w]e are mindful that under Daubert and Fed.R.Evid. 702, a district court has broad discretion to determine whether a body of evidence relied upon by an expert 459*459 is sufficient to support that expert's opinion."

Cited 89 times
Medical terminology Respiratory diseases Symptoms and signs: Respiratory system Lung disorders Abnormal respiration