Showing results 1-10 of 261.

Cases that cite: City of Tuscaloosa v. Harcros Chemicals, Inc.

  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 

  Allison v. McGhan Medical Corp. - 11th Circuit

Decided: 8/18/1999
District Court Decision: Excluded
Appellate Court Decision: Affirmed

While meticulous Daubert inquiries may bring judges under criticism for donning white coats and making determinations that are outside their field of expertise, the Supreme Court has obviously deemed this less objectionable than dumping a barrage of questionable scientific evidence on a jury, who would likely be even less equipped than the judge to make reliability and relevance determinations and more likely than the judge to be awestruck by the expert's mystique. ... Some judges, noting the general complexity of some expert evidence and in the penultimate exercise of caution and conscience, have exercised their inherent authority to use outside experts and have engaged in elaborate Daubert inquiries in 1311*1311 an effort to sort out conflicting scientific opinions in a comprehensive search for reliability and relevance.

Cited 419 times
Rheumatology Autoimmune diseases Implants (medicine) Anatomical pathology Medical terminology 

  Rink v. Cheminova, Inc. - 11th Circuit

Decided: 2/24/2005
District Court Decision: Excluded
Appellate Court Decision: Affirmed

The district court granted summary judgment to the manufacturer of the substance and its related entities following the court's exclusion of expert testimony under the principles of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). ... In ascertaining reliability under the second Daubert prong, we have identified several factors which can be considered: (1) whether the expert's methodology can be tested; (2) whether the expert's scientific technique has been subjected to peer review and publication; (3) whether the method has a known rate of error; (4) whether the technique is generally accepted by the scientific community.

Cited 181 times
Medical terminology Invasive insect species Beekeeping Bees 

  Tuf Racing Products v. American Suzuki Motor - 7th Circuit

Decided: 7/24/2000
District Court Decision: Admitted
Appellate Court Decision: Affirmed

The Federal Rules of Evidence, which Daubert interprets rather than overrides, do not require that expert witnesses be academics or PhDs, or that their testimony be "scientific" (natural scientific or social scientific) in character. ... The principle of Daubert is merely that if an expert witness is to offer an opinion based on science, it must be real science, not junk science.

Cited 68 times
Liquid-solid separation 

  Kilpatrick v. Breg, Inc. - 11th Circuit

Decided: 8/12/2010
District Court Decision: Excluded
Appellate Court Decision: Affirmed

The Plaintiff, Douglas Kilpatrick, claiming to have been injured by one of Breg's pumps, proffered a single expert witness on the issue of causation — Dr. Gary Poehling, M.D. The district court determined that the methodology used by Dr. Poehling to reach his conclusions was unreliable and, therefore, his testimony was inadmissible under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). ... "Because the task of evaluating the reliability of expert testimony is uniquely entrusted to the district court under Daubert ... we give the district court `considerable leeway' in the execution of its duty."

Cited 60 times
Orthopedic surgical procedures Skeletal system Joints Endoscopy Occupational diseases 

  Guinn v. AstraZeneca Pharmaceuticals LP - 11th Circuit

Decided: 4/6/2010
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Not only does this cast doubt on Dr. Marks' differential diagnosis, but it also violates a primary purpose of Daubert: to ensure the expert "employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field." ... Prior to trial, AstraZeneca filed a Daubert motion for the exclusion of the expert testimony of Dr. Jennifer Marks and a motion for summary judgment.

Cited 46 times
Diabetes Logic Smoking cessation Drug rehabilitation Psychoactive drugs 

  Maiz v. Virani - 11th Circuit

Decided: 6/8/2001
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Defendants next challenge under Daubert the district court's refusal to limit the testimony of Plaintiffs' liability expert, Kenneth Barker. ... As we explained in City of Tuscaloosa v. Harcros Chemicals, Inc., 158 F.3d 548 (11th Cir.1998), for expert testimony to be admissible under Rule 702 of the Federal Rules of Evidence, the proponent of the testimony must show that: (1) the expert is qualified to testify competently regarding the matters he intends to address; (2) the methodology by which the expert reaches his conclusions is sufficiently reliable; and (3) the testimony assists the trier of fact, through the application of scientific, technical, or specialized expertise, to understand the evidence or to determine a fact in issue.

Cited 42 times
Partnerships Real estate investment trusts Organized crime activity Money laundering Commercial crimes 

  Siharath v. Sandoz Pharmaceuticals Corp. - 11th Circuit

Decided: 3/1/2001

The Supreme Court in Daubert explained that Federal Rule of Evidence 702 allows the admission of expert testimony only if: (1) the expert is competent and qualified to testify regarding the matters that he intends to address; (2) the methodology by which the expert reaches his conclusions is sufficiently reliable; and (3) the expert, through scientific, technical or specialized expertise, provides testimony that assists the trier of fact to understand the evidence or determine a fact in issue. ... Defendant contends that Plaintiffs' experts' testimony fails to meet the Daubert standards for admissibility because Plaintiffs' experts (1) have failed to provide any evidence, either published or unpublished, that Parlodel® increases one's risk of stroke; (2) rely on uncontrolled and unreliable spontaneous reports and anecdotal case reports as the basis for their opinions; and (3) cannot show that their opinions have an acceptable error rate or are otherwise generally accepted.

Cited 36 times

  Corwin v. Walt Disney Co. - 11th Circuit

Decided: 1/22/2007
District Court Decision: Excluded In Part
Appellate Court Decision: Affirmed

On appeal, Corwin argues that (1) the district court wrongfully excluded testimony of Waters's former wife and Jaffray's widow and daughter, "weigh[ing] the evidence in the guise of excluding virtually all of appellant's evidence, thus creating the appearance of an absence of triable facts," Appellant's Br. at 4; (2) the district court wrongfully excluded the reports of his experts in failing to conduct a Daubert hearing and by employing "the wrong standard for substantial similarity under copyright law," Id. at 5; (3) due to the above and to the application of incorrect standards with regard to access, the district court erred in granting summary judgment in favor of WorldCo; and (4) Corwin demonstrated excusable neglect for his failure timely to object to the taxation of costs, and even if he did not, the district court's improper taxation ought to be reviewed on the merits. ... On 12 November 2004, the district court granted the Daubert motion to strike portions of Corwin's four initial expert reports on the grounds that (1) those portions utilized improper methodology, impermissibly comparing ideas in the Painting and EPCOT rendering and failing to compare expressive or protectable elements; and (2) the reports contained lists of similarities that are inherently subjective and unreliable.[3]

Cited 34 times
Arts Landscape architecture 

  US Information Systems, Inc. v. INTER. BROTH. OF ELEC. WORKERS LOCAL UNION NO. 3 - 2nd Circuit

Decided: 2/24/2004

In Daubert, the Supreme Court set out a list of non-exclusive factors that a trial court may consider in determining whether an expert's reasoning or methodology is reliable: (1) whether the theory or technique on which the expert relies has been tested — that is, whether the expert's technique can be challenged in some objective sense, or whether it is instead simply a subjective, conclusory approach that cannot reasonably be assessed for reliability; (2) whether the theory or technique has been subjected to peer review and publication; (3) the known or potential rate of error of the technique or theory when applied; (4) the existence and maintenance of standards controlling the technique's operation; and (5) whether the theory or method has been generally accepted by the relevant scientific community. ... "In assessing the reliability of a proffered expert's testimony, a district court's inquiry under Daubert must focus, not on the substance of the expert's conclusions, but on whether those conclusions were generated by a reliable methodology."

Cited 34 times