Showing results 1-10 of 570.

Cases that cite: Daubert v. Merrell Dow Pharmaceuticals, Inc.

  Moore v. Ashland Chemical Inc. - 5th Circuit

Decided: 8/14/1998
District Court Decision: Excluded
Appellate Court Decision: Affirmed

The majority en banc opinion (1) conflicts with the view of other circuits, a state court of last resort, and scholarly commentary, in 280*280 holding that (a) a clinical medical expert cannot express an opinion as to a causal relationship between a chemical compound and a plaintiff's disease, although the opinion is based on the sound application of generally accepted clinical medical methodology, unless the causal link is confirmed by hard scientific methodology as per the Daubert factors[1], see Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 593-94, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993); ... For example, the report of the American College of Trial Lawyers on Standards and Procedures For Determining the Admissibility of Expert Evidence After Daubert, 157 F.R.D. 571 (1994) recognizes that the basic Daubert requirement that a trial judge determine whether a proffer of expert testimony is reliable or valid applies to all forms of expert testimony and that the particular expert at issue should have her methodology, i.e. the validity of her opinion, judged by the principles applicable to "that particular field."

Cited 434 times
Respiratory diseases Respiratory therapy Occupational diseases Medical specialties Social sciences 

  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 

  Lauzon v. Senco Products, Inc. - 8th Circuit

Decided: 10/26/2001
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

In applying the rules of Daubert v. Merrell Dow Pharm., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), but without holding a pretrial Daubert hearing, the district court excluded Kelsey's expert testimony, finding insufficient evidence to sustain plaintiff's case, and granted summary judgment for the defendant. ... Daubert's progeny provides additional factors such as: whether the expertise was developed for litigation or naturally flowed from the expert's research; whether the proposed expert ruled out other alternative explanations; and whether the proposed expert sufficiently connected the proposed testimony with the facts of the case.

Cited 288 times
Engineering failures Mechanisms (engineering) Woodworking hand-held power tools Pneumatic tools 

  Ruiz-Troche v. Pepsi Cola of Puerto Rico Bottling - 1st Circuit

Decided: 12/1/1998
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

The Daubert questions in this case are complex and implicate four interrelated pieces of evidence: (1) the toxicology results contained in the autopsy report; (2) the so-called "dosage" testimony, i.e., the expert opinions of a pharmacologist relating to the amount of drugs that Ruiz consumed and the time of their consumption, arrived at by interpolation from the toxicology results; (3) the so-called "impairment" testimony, i.e., the pharmacologist's expert opinions regarding the effects of cocaine on behavior; and (4) the so-called "causation" testimony, i.e., certain expert opinions of the defense's accident reconstructionist. ... The Daubert Court's interpretation of Rule 702, drawn from its text, requires the trial judge to evaluate an expert's proposed testimony for both reliability and relevance prior to admitting it.

Cited 282 times
Medical terminology Commercial item transport and distribution Medical diagnosis Thought 

  In re TMI Litigation - 3rd Circuit

Decided: 11/2/1999
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Accordingly, before proceeding with our discussion of the District Court's application of Daubert to the expert testimony that was offered to prove that TMI-2 released radiation that caused the Trial Plaintiffs' neoplasms we will briefly discuss the operation of a nuclear power plant in an effort to better determine if Trial Plaintiffs proffered sufficient evidence to connect their injuries to the nuclear reactions that took place inside the nuclear generator at TMI-2. ... Defendants challenged the admissibility of the experts' testimony and the District Court was therefore required to hold extensive in limine hearings pursuant to its "gatekeeping" role under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).

Cited 260 times
Nuclear physics Radioactivity Particle physics Nuclear technology Nuclear chemistry 

  Bitler v. AO Smith Corp. - 10th Circuit

Decided: 12/6/2004
District Court Decision: Admitted
Appellate Court Decision: Affirmed

In an order denying the motion, the trial judge found that the Bitlers' proposed expert testimony was relevant and reliable in accord with the standard required by Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). ... Daubert does not require a district court to linger at the "gate," as if caught in Zeno's paradox, unable to proceed to the main trial without first conducting a series of mini-trials with regard 1235*1235 to every objection raised against a party's expert witnesses.

Cited 158 times
Copper compounds Sulfides Plastic surgery Industrial gases Fuel gas 

  Ambrosini v. Labarraque - Dist. of Columbia Circuit

Decided: 12/6/1996
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

We conclude that while the district court properly could review the expert's methodology as part of its "gatekeeping" function, Daubert v. Merrell Dow, 509 U.S. 579, 597, 113 S.Ct. 2786, 2798-99, 125 L.Ed.2d 469 (1993), its failure ultimately to distinguish between the threshold question of admissibility and the persuasive weight to be assigned the expert evidence requires reversal and remand. ... As will become clear upon examining the Ambrosinis' experts' testimony, see Part III, infra, the four factors offer limited assistance here for reasons acknowledged by the Supreme Court in Daubert: the proposition at issue is highly particular and has not attracted significant scientific scrutiny because, in accord with the position of the Federal Drug Administration ("F.D.A."), Depo-Provera is no longer prescribed for pregnant women.

Cited 142 times
Radiation health effects Congenital disorders Epidemiology IARC Group 2B carcinogens Sampling (statistics) 

  Primiano v. Cook - 9th Circuit

Decided: 3/10/2010
Amended: 4/27/2010
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

And it is reliable if the knowledge underlying it has a reliable basis in the knowledge and experience of the relevant discipline."[36] "[T]he 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."[37] ... It emphasizes, though, that the "test of reliability is `flexible' and Daubert's list of specific factors neither necessarily nor exclusively applies to all experts or in every case."[21]

Cited 137 times
Prosthetics Medical specialties Humerus Long bones Woodworking 

  Ruiz-Troche v. Pepsi Cola of Puerto Rico Bottling - 1st Circuit

Decided: 12/1/1998

The Daubert questions in this case are complex and implicate four interrelated pieces of evidence: (1) the toxicology results contained in the autopsy report; (2) the so-called "dosage" testimony, i.e., the expert opinions of a pharmacologist relating to the amount of drugs that Ruiz consumed and the time of their consumption, arrived at by interpolation from the toxicology results; (3) the so-called "impairment" testimony, i.e., the pharmacologist's expert opinions regarding the effects of cocaine on behavior; and (4) the so-called "causation" testimony, i.e., certain expert opinions of the defense's accident reconstructionist. ... The Daubert Court's interpretation of Rule 702, drawn from its text, requires the trial judge to evaluate an expert's proposed testimony for both reliability and relevance prior to admitting it.

Cited 135 times

  Norris v. Baxter Healthcare Corp. - 10th Circuit

Decided: 2/8/2005
District Court Decision: Excluded
Appellate Court Decision: Affirmed

After conducting a Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), inquiry[2], the district court excluded both experts because they were unreliable. ... Although "[t]rained experts commonly extrapolate from existing data," neither Daubert nor the Federal Rules of Evidence "require[] a district court to admit opinion evidence which is connected to existing data only by the ipse dixit of the expert."

Cited 128 times
Medical terminology Rheumatology Autoimmune diseases Accounting terminology Breast surgery