Showing results 1-10 of 40.

Cases that cite: Raynor v. Merrell Pharmaceuticals Inc.

  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 

  Knight v. Kirby Inland Marine Inc. - 5th Circuit

Decided: 3/19/2007
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Daubert suggested that a trial judge consider: whether the theory or technique the expert employs is generally accepted; whether the theory has been subjected to peer review and publication; whether the theory can and has been tested; whether the known or potential rate of error is acceptable; and whether there are standards controlling the technique's operation. ... We are mindful that under Daubert and FED. R. EVID. 702, a district court has broad discretion to determine whether a body of evidence relied upon by an expert is sufficient to support that expert's opinion.

Cited 159 times
Hypothesis testing Urological conditions Infectious diseases 

  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 

  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

  In re Rezulin Products Liability Litigation - 2nd Circuit

Decided: 3/14/2005

In Daubert, the Supreme Court articulated four pertinent factors while leaving open the possibility of others: (1) whether the expert's theory "can be (and has been) tested;" (2) whether the theory "has been subjected to peer review and publication;" (3) the "known or potential rate of error;" and (4) whether the theory has "widespread acceptance."[136] ... Finally, the court found that the expert's novel theory of causation — which the expert admitted was "the product of his own `background experience and reading'"[153] — failed the Daubert test because it had not been tested or subjected to peer review, there was no known error rate, and it was not generally accepted.[154]

Cited 45 times

  Soldo v. Sandoz Pharmaceuticals Corp. - 3rd Circuit

Decided: 1/13/2003

Ruffin v. Shaw Indus., 149 F.3d 294, 297 (4th Cir.1998) (affirming the district court's exclusion of causation testimony where animal studies allegedly showed that the product at issue caused adverse effects in mice, but results could not be replicated); Allen v. Pennsylvania Eng'g Corp., 102 F.3d 194, 195 (5th Cir. 1996) ("Where, as here, no epidemiological study has found a statistically-significant link between EtO exposure and human brain cancer; the results of animal studies are inconclusive at best; and there was no evidence of the level of [plaintiffs] exposure to EtO, the expert testimony does not exhibit the level of reliability necessary to comport with the Federal Rules of Evidence 702 and 703, ... Daubert ... and this court's authorities"); ... Under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), a two-step analysis is used to assess the admissibility of the proffered expert testimony on scientific issues under Rule 702. 527*527 First, the expert testimony must be reliable, so that it must be "scientific," meaning grounded in the methods and procedures of science, and must constitute "knowledge," meaning something more than subjective belief or unsupported speculation.

Cited 41 times

  Meister v. Medical Engineering Corp. - Dist. of Columbia Circuit

Decided: 10/26/2001
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Under Daubert, the district court is required to address two questions, first whether the expert's testimony is based on "scientific knowledge," and second, whether the testimony "will assist the trier of fact to understand or determine a fact in issue." ... The defendants thereafter moved to exclude or limit the testimony of Meister's expert witnesses on causation, pursuant to Daubert and Federal Rules of Evidence 702 and 703.

Cited 39 times
Rheumatology Medical terminology Autoimmune diseases Plate tectonics Mucinoses 

  In Re Hanford Nuclear Reservation Litigation - 9th Circuit

Decided: 6/18/2002
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Nevertheless, because we are remanding the case for reconsideration of the district court's rulings on the motions in limine in light of our decision on the "doubling dose" standard employed by the district court, we encourage the court to hold a hearing on remand to provide plaintiffs with an opportunity to respond to the defendants' challenges, including an opportunity to question defendants' expert opinions, submitted in support of their Daubert motions. ... The critical issue in Daubert II was whether the plaintiffs' expert witnesses could produce enough evidence to survive summary judgment on the causation question of whether the morning sickness drug Bendectin, that plaintiffs' mothers ingested during pregnancy, caused the plaintiffs' individual birth defects.

Cited 39 times
Radioactivity Occupational diseases Non-SI metric units Glands 

  Dunn v. Sandoz Pharmaceuticals Corp. - 4th Circuit

Decided: 8/4/2003

The following motions are currently pending before the Court: Defendant's Motion in Limine and Motion for Summary Judgment on the Issue of Medical Causation [Doc. # 75], Defendant's Motion for a Daubert Hearing on Medical Causation [Doc. # 77], Defendant's Motion for Summary Judgment [Doc. # 79], Plaintiff's Motion for Leave to File a Surreply [Doc. # 98], Plaintiff's Motion to Strike Response to Suggestion of Subsequently Decided Authority [Doc. # 104], Plaintiff's Motion to Strike Subsequently Decided Authority [Doc. # 112], Defendant's Motion to Supplement the Daubert Record [Doc. # 115], Plaintiff's Motion to Strike Suggestion of Subsequently Decided Authority [Doc. # 116], Defendant's Motion for Leave to File Summary Judgment Motion [Doc. # 122], Plaintiff's Motion to Strike Suggestion of Subsequently Decided Authority [Doc. # 124], Plaintiff's Motion for a Hearing on Defendant's Motion for Leave to File an Additional Summary Judgment Motion [Doc. # 126], Plaintiff's Motion to Strike Defendant's Response to Submissions of Subsequent Decisions [Doc. # 135], Plaintiff's Motion for Order to Supplement the Summary Judgment Record [Docs. ... For the reasons set forth below, Defendant's Motion in Limine and Motion for Summary Judgment on the Issue of Medical Causation [Doc. # 75] is GRANTED, Defendant's Motion for a Daubert Hearing on Medical Causation [Doc. # 77] is DENIED, Defendant's Motion for Summary Judgment [Doc. # 79] is GRANTED.

Cited 23 times

  People Who Care v. Rockford Bd. of Educ. - 7th Circuit

Decided: 4/15/1997

A related point, as we shall see, is that the guidelines for the admissibility of expert testimony that the Supreme Court laid down in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), apply to the testimony of social scientists as well as to that of natural scientists. ... The 50 percent estimate is the magistrate judge's, and though it is purportedly based on testimony by expert witnesses about the achievement gap, no witness attempted to measure the size of the gap attributable to discrimination by the school district.

Cited 21 times
Segregation Quotas Early childhood education Educational stages Politics and race