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Cases using phrasing similar to:
"The countervailing considerations most often noted to exclude what is relevant and material evidence are the risk that admission will 1) require undue consumption of time, 2) create a substantial danger of undue prejudice or of confusing the issues or of misleading the jury, 3) or unfairly and harmfully surprise a party who has not had a reasonable opportunity to anticipate the evidence submitted."

  Daubert v. Merrell Dow Pharmaceuticals, Inc. - 9th Circuit

Decided: 12/20/1991

For the convincing reasons articulated by our sister circuits, we agree with the district court that the available animal and chemical studies, together with plaintiffs' expert reanalysis of epidemiological studies, provide insufficient foundation to allow admission of expert testimony to the effect that Bendectin caused plaintiffs' injuries. ... Moreover, whether expert opinion can satisfy this requirement is reviewed de novo by an appellate court, for "[t]he answer to the question about the reliability of a scientific technique or process does not vary according to the circumstances of each case.

Cited 19 times

  State v. Bachman - SD

Decided: 9/13/1989

Relying on Bohnert v. State, 312 Md. 266, 539 A.2d 657 (1988), he claims that the admission of expert testimony is a matter of law, and "[i]n ruling on a question of law, a judge is either right or wrong, and discretion plays no part." ... This evidence clearly is too unreliable for admission, as "permitting a person in the role of an expert to suggest that because the complainant exhibits some of the symptoms of rape trauma syndrome, the victim was therefore raped, unfairly prejudices the appellant by creating an aura of special reliability and trustworthiness."

Cited 3 times

  United States v. Hearst - 9th Circuit

Decided: 3/22/1976

As reflected in the offer of proof, Dr. Singer, if called as an expert witness, would have testified that her expertise in this area enables her to conclude from a stylistic comparison of known writings and utterances of the defendant with certain writings and tape-recordings of the defendant's voice offered into evidence by the Government that these latter writings or utterances could not have been authored by the defendant. ... Even if it were to be conceded that Dr. Singer's field of expertise is sufficiently reliable to justify expert testimony and such testimony could show with a reasonable degree of certitude that by a psycholinguistic analysis the defendant could not have authored the writings offered against her, there remains a serious question as to the materiality of this expert opinion.

Cited 2 times