Showing results 1-10 of 434.

Cases that cite: Moore v. Ashland Chemical Inc.

  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 

  Westberry v. Gislaved Gummi AB - 4th Circuit

Decided: 5/20/1999
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Cf. Wintz v. Northrop Corp., 110 F.3d 508, 512-14 (7th Cir.1997) (holding that expert opinion was not reliable when expert formed opinion that in utero exposure to bromide caused birth defects, but 265*265 expert had no information concerning the mother's work environment or her exposure to bromide); ... Consequently, while precise information concerning the exposure necessary to cause specific harm to humans and exact details pertaining to the plaintiff's exposure are beneficial, such evidence is not always available, or necessary, to demonstrate that a substance is toxic to humans given substantial exposure and need not invariably provide the basis for an expert's opinion on causation.

Cited 321 times
Medical terminology Occupational safety and health 

  Heller v. Shaw Industries, Inc. - 3rd Circuit

Decided: 2/3/1999
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Given the liberal thrust of the Federal Rules of Evidence, the flexible nature of the Daubert inquiry, and the proper roles of the judge and the jury in evaluating the ultimate credibility of an expert's opinion, we do not believe that a medical expert must always cite published studies on general causation in order to reliably conclude that a particular object caused a particular illness. ... In Daubert, the Court noted that "[v]igorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence," and that, even if expert testimony is admitted, summary judgment might be warranted if a party has still failed to present sufficient evidence to get to the jury.

Cited 319 times
Medical terminology Floors Abnormal respiration Symptoms and signs: Respiratory system Building biology 

  Pipitone v. Biomatrix, Inc. - 5th Circuit

Decided: 4/18/2002
District Court Decision: Excluded
Appellate Court Decision: Affirmed, Reversed/Remanded

In the later case of Kumho Tire Co. v. Carmichael,[16] the Supreme Court emphasized that the Daubert analysis is a "flexible" one, and that "the factors identified in Daubert may or may not be pertinent in assessing reliability, depending on the nature of the issue, the expert's particular expertise, and the subject of his testimony."[17] ... The district court excluded the testimony of the plaintiffs' experts, Doctors Millet and Coco, under the standard set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc.[1] The district court concluded that without the testimony of their two witnesses, the plaintiffs could not establish their case and granted summary judgment in favor of Biomatrix.

Cited 288 times
Medical specialties Drug delivery devices Medical equipment Foodborne illnesses Body fluids 

  Heller v. Shaw Industries, Inc. - 3rd Circuit

Decided: 2/3/1999

Given the liberal thrust of the Federal Rules of Evidence, the flexible nature of the Daubert inquiry, and the proper roles of the judge and the jury in evaluating the ultimate credibility of an expert's opinion, we do not believe that a medical expert must always cite published studies on general causation in order to reliably conclude that a particular object caused a particular illness. ... In Daubert, the Court noted that "[v]igorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence," and that, even if expert testimony is admitted, summary judgment might be warranted if a party has still failed to present sufficient evidence to get to the jury.

Cited 276 times

  Mitchell v. Gencorp Inc. - 10th Circuit

Decided: 1/7/1999
District Court Decision: Excluded
Appellate Court Decision: Affirmed

After a lengthy hearing held pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), the district court determined that "the opinions of plaintiffs' expert witnesses [were not] based on scientifically valid principles and, therefore, [did] not meet the reliability requirements of Rule 702 as interpreted by the Supreme Court in Daubert." ... In a meticulous memorandum and order, the district court thoroughly applied the test set forth in Daubert and excluded Plaintiffs' expert witnesses.

Cited 227 times
Commodity chemicals Hydrocarbon solvents Petrochemicals 

  McClain v. Metabolife Intern., Inc. - 11th Circuit

Decided: 3/2/2005
District Court Decision: Admitted
Appellate Court Decision: Reversed/Remanded

1237*1237 Before trial Metabolife moved to exclude Plaintiffs' experts' testimony on medical causation asserting that Plaintiffs' experts' opinions lacked a reliable foundation for admission under the standards of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). ... This type of proof requires expert testimony, and when a party offers expert testimony and the opposing party raises a Daubert challenge, the trial court must "make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field."

Cited 170 times
Occupational diseases Medical terminology Stroke Epidemiology Sympathomimetics 

  McClain v. Metabolife Intern., Inc. - 11th Circuit

Decided: 3/2/2005

1237*1237 Before trial Metabolife moved to exclude Plaintiffs' experts' testimony on medical causation asserting that Plaintiffs' experts' opinions lacked a reliable foundation for admission under the standards of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). ... This type of proof requires expert testimony, and when a party offers expert testimony and the opposing party raises a Daubert challenge, the trial court must "make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field."

Cited 154 times

  Mathis v. Exxon Corp. - 5th Circuit

Decided: 8/15/2002
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Daubert, of course, provides an illustrative list of factors that may aid a court in evaluating reliability: "(1) whether the expert's theory can be or has been tested; (2) whether the theory has been subject to peer review and publication; (3) the known or potential rate of error of a technique or theory when applied; (4) the existence and maintenance of standards and controls; and (5) the degree to which the technique or theory has been generally accepted in the scientific community." ... The franchisees supported their theory of the case by calling Barry Pulliam as an expert witness on the economics of the gasoline market in Houston and Corpus Christi.

Cited 136 times
Marketing Distribution, retailing, and wholesaling Fuels Strategic alliances Franchises 

  Best v. Lowe's Home Centers, Inc. - 6th Circuit

Decided: 4/16/2009
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

We further note that, even without Dr. Moreno's expert testimony, summary judgment might be inappropriate in this case in light of this court's recent decision in Gass v. Marriott Hotel Services, 558 F.3d 419, 434 (6th Cir.2009) (holding that expert testimony was not required to prove the causation element of a negligence case where the plaintiffs were allegedly exposed to pesticides and immediately developed respiratory injuries). ... According to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), a district court's task in assessing evidence proffered under Rule 702 is to determine whether the evidence "both rests on a reliable foundation and is relevant to the task at hand."

Cited 121 times
Neurological disorders Medical terminology Human head and neck Medical specialties Chemical safety