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Cases using phrasing similar to:
"Essentially, this is a bit like saying that if a person has a scratchy throat, runny nose, and a nasty cough, that person has a cold; if, on the otherhand, that person has a scratchy throat, runny nose, nasty cough, and wears a watch, they have a watch-induced cold."

  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 

  In re Breast Implant Litigation - 10th Circuit

Decided: 6/3/1998

Pursuant to Rules 702, and 703 of the Federal Rules of Evidence, and as outlined in Daubert, 509 U.S. at 579, 113 S.Ct. 2786, and its progeny, Plaintiffs Zelinger and Roberts, as the proponents of the expert testimony, have failed to meet their burden of proof of establishing that the opinions of Drs. Kassan, Klapper, Hoffman, Guidoin, and Blais: (1) are based on valid, scientific principles and reliable scientific methods, processes, reasoning, and data; (2) are based upon data reasonably relied upon by experts in the field, and (3) would assist the trier of fact in resolving a factual dispute in these actions. ... Daubert sets forth several non-exhaustive factors to assist trial courts in determining whether a theory or technique constitutes "scientific knowledge" within the meaning of Rule 702, including whether the methodology, principles and reasoning underlying the proposed experts' opinions: (1) can be and have been empirically tested; (2) have been subjected to peer review and publication; (3) have a known or potential rate of error; and (4) have gained general acceptance in the relevant scientific community.

Cited 80 times

  TAMRAZ v. LINCOLN ELECTRIC COMPANY - 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 0 times