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Cases using phrasing similar to:
"Charles B. Zwally, Michael D. Reed, Mette, Evans & Woodside, Harrisburg, PA, Augustine V."

  In re TMI Litigation Cases Consol. II - 3rd Circuit

Decided: 4/2/1996

Accordingly, the instant memorandum will reach the merits of the following issues: (1) whether Plaintiffs' supplemental expert reports, filed subsequent to the deadlines for filing expert reports, are admissible pursuant to Rules 26 and 37 of the Federal Rules of Civil Procedure; (2) whether the court should reconsider its January 5, 1996 ruling with respect to the proffered testimony of Vladimir Shevchenko; (3) whether, in light of further briefing on the rate of error issue, the court finds the Wing cancer incidence study to be scientifically reliable and therefore admissible; and (4) whether Plaintiffs' experts Olga Tarasenko, David Lochbaum, Bruce Molholt, Theodor D. Sterling, Luis Fajardo, Thomas H. Winters, and Sigmund Felix Zakrzewski should be permitted to testify pursuant to the Federal Rules of Evidence, Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993) and In re Paoli Railroad Yard PCB Litigation, 35 F.3d 717 (3d Cir.1994).[2] ... Nevertheless, Daubert and Paoli II do impose an obligation upon the party proffering the expert testimony to present to the court, in a manner in which the court or a jury can readily understand, some evidence of the known or potential rate of error.

Cited 5 times

  In re TMI Litigation Consol. Proceedings - 3rd Circuit

Decided: 6/12/1996

In January and April of this year, the court issued a series of Daubert rulings excluding the bulk of Plaintiffs' expert scientific testimony as scientifically unreliable. ... cf. Ambrosini v. Upjohn Co., 1995 WL 637650 at *1 n. 1 (D.D.C. October 18, 1995) ("The [District of Columbia] Court of Appeals has stressed that the admissibility of an expert's opinion is `separate and distinct from the issue whether the testimony is sufficient to withstand a motion for summary judgment.'"

Cited 1 times