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Cases using phrasing similar to:
"For the Hennekens study, the strength of the association is low, the consistency of the association is also low (i.e., the study suggested that more tests were necessary before meaningful conclusions could be drawn), alternative explanations are likely, the association is not specific, and there is no dose-response relationship."

  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

  Minnesota Min. and Mfg. Co. v. Atterbury - TX

Decided: 7/31/1998

However, in determining whether an expert's testimony is scientifically reliable, an appellate court must necessarily look beyond any magic words and look at the numerous factors that have been developed in Daubert, Robinson, and Havner. ... The trial court excluded the plaintiff's experts based on Daubert and granted the defendant's motion for summary judgment.

Cited 6 times