Showing results 1-10 of 387.

Cases that cite: United States v. Downing

  Daubert v. Merrell Dow Pharmaceuticals, Inc. -

Decided: 6/28/1993
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Presumably, this relaxation of the usual requirement of firsthand knowledge—a rule which represents "a `most pervasive manifestation' of the common law insistence upon `the most reliable sources of information,' " Advisory Committee's Notes on Fed. Rule Evid. 602, 28 U. S. C. App., p. 755 (citation omitted)—is premised on an assumption that the expert's opinion will have a reliable basis in the knowledge and experience of his discipline. ... The petition for certiorari in this case presents two questions: first, whether the rule of Frye v. United States, 54 App. D. C. 46, 293 F. 1013 (1923), remains good law after the enactment of the Federal Rules of Evidence; and second, if Frye remains valid, whether it requires expert scientific testimony to have been subjected to a peer review process in order to be admissible.

Cited 10616 times
Congenital disorders Developmental biology Causal inference 

  Kumho Tire Co. v. Carmichael -

Decided: 3/23/1999
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Rather, it found (1) that "none" of the Daubert factors, including that of "general acceptance" in the relevant expert community, indicated that Carlson's testimony was reliable, 923 F. Supp., at 1521; (2) that its own analysis "revealed no countervailing factors operating in favor of admissibility which could outweigh those identified in Daubert, " App. to Pet. for Cert. 4c; and (3) that the "parties identified no such factors in their briefs," ibid. ... The only question that we granted certiorari to decide is whether a trial judge "[m]ay . . . consider the four factors set out by this Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U. S. 579 (1993), in a Rule 702 analysis of admissibility of an engineering expert's testimony."

Cited 5589 times
Tires 

  In re Paoli RR Yard PCB Litigation - 3rd Circuit

Decided: 8/31/1994
Amended: 10/17/1994
District Court Decision: Excluded In Part
Appellate Court Decision: Affirmed

Daubert suggests several factors that a district court should take into account in evaluating whether a particular scientific methodology is reliable (i.e. scientifically valid), including the testability of the expert's hypothesis ("whether it can be (and has been) tested"), Daubert, ___ U.S. at ____, 113 S.Ct. at 2796, whether the methodology has been subjected to peer review and publication, the frequency by which the methodology leads to erroneous results, the existence and maintenance of standards controlling the technique's operation, and whether the methodology has been generally accepted in the scientific community.[7] ... Primarily, however, we must consider the voluminous record concerning expert opinion and, applying Fed.R.Evid. 702 and the standards enunciated by the Supreme Court in Daubert v. Merrell Dow Pharm., Inc., ___ U.S. ____, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), decide whether the district court erred in again excluding the opinions of plaintiffs' experts in connection with its summary judgment determination.

Cited 908 times
Medical terminology Medical specialties Proteomics Respiratory diseases Industrial occupations 

  Kannankeril v. Terminix Intern., Inc. - 3rd Circuit

Decided: 10/17/1997
Amended: 12/12/1997
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

We conclude, however, that Dr. Gerson's opinion meets the requirements for the admission of expert testimony under Rule 702 of the Federal Rules of Evidence, as set forth in Daubert and interpreted by us in Paoli. ... Rule 702 has three major requirements: (1) the proffered witness must be an expert; (2) the expert must testify about matters requiring scientific, technical or specialized knowledge; and (3) the expert's testimony must assist the trier of fact.

Cited 292 times
Bees Beekeeping 

  Schneider Ex Rel. Estate of Schneider v. Fried - 3rd Circuit

Decided: 2/18/2003
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

Plaintiffs appeal from the Magistrate Judge's grant of a dispositive motion at the conclusion of plaintiffs' case after he had excluded the testimony, following a Daubert hearing, of plaintiffs' two medical experts who testified that Dr. Fried violated the applicable standard of care by administering the drug Procardia sublingually to Mrs. Schneider as a pretreatment for an angioplasty. ... Indeed, in Daubert, the Supreme Court specifically held that Rule 702 overruled the requirement that an opinion must gain general acceptance in order to qualify as admissible expert testimony;

Cited 274 times
Interventional cardiology Medical terminology Vascular procedures Ischemic heart diseases Cardiac procedures 

  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 

  Pineda v. Ford Motor Co. - 3rd Circuit

Decided: 3/24/2008
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

These factors, enunciated in Daubert and this Court's decision in United States v. Downing, 753 F.2d 1224 (3d Cir.1985), may include: (1) whether a method consists of a testable hypothesis; (2) whether the method has been subject to peer review; (3) the known or potential rate of error; (4) the existence and maintenance of standards controlling the technique's operation; (5) 248*248 whether the method is generally accepted; (6) the relationship of the technique to methods which have been established to be reliable; (7) the qualifications of the expert witness testifying based on the methodology; and (8) the non-judicial uses to which the method has been put. ... After extensive discovery and a Daubert hearing,[1] the District Court[2] ruled that Pineda's proffered expert witness was not qualified to testify and that his methodology was not reliable.

Cited 258 times

  Elcock v. Kmart Corp. - 3rd Circuit

Decided: 10/10/2000
Amended: 11/20/2000
District Court Decision: Admitted
Appellate Court Decision: Reversed/Remanded

In support of its conclusion, the majority contended that the district court could properly take into account the expert witness's credibility — and was not limited to assessing the reliability of the expert's methodology under the Rule 702 Daubert framework — because the expert's "testimony [did] not fall within the scope of scientific testimony, and accordingly, it should not be tested by the particular standards required for testimony based on a particular 751*751 scientific ethic." ... In Daubert, the Supreme Court directed district court judges to perform a screening function, to insure that evidence presented by expert witnesses is relevant, reliable, and helpful to the jury's evaluation of such evidence.

Cited 246 times
Skeletal system Rehabilitation medicine Embezzlement Business terms Commercial crimes 

  Oddi v. Ford Motor Co. - 3rd Circuit

Decided: 10/13/2000
District Court Decision: Excluded
Appellate Court Decision: Affirmed

The factors that are relevant under Daubert and Downing include: "(1) whether a method consists of a testable hypothesis; (2) whether the method has been subjected to peer review; (3) the known or potential rate of error; (4) the existence and maintenance of standards controlling the technique's operation; (5) whether the method is generally accepted; (6) the relationship of the technique to methods which have been established to be reliable; (7) the qualifications of the expert witness testifying based on the methodology; and (8) the non-judicial uses to which the method has been put." ... Ford and Grumman eventually moved for summary judgment based upon their contention that Oddi could not establish a prima facie case because his proposed expert testimony failed to satisfy the requirements of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).

Cited 240 times
Floors Automotive technologies Railway safety Vehicle technology Transport safety 

  US v. Bonds - 6th Circuit

Decided: 12/15/1993
District Court Decision: Admitted
Appellate Court Decision: Affirmed

We note that although the findings of the magistrate judge and the district court were based only on the pre-Daubert Frye hearing and the general acceptance test, these findings are relevant to our examination under a Daubert analysis, first because, as the district court noted, neither the defendants nor the Government challenge the magistrate judge's findings regarding the substance of the expert testimony presented at the Frye hearing or his characterization of the testimony, and second, because general acceptance is still one factor the Supreme Court has said can impact on a court's scientific validity determination and the defendants' arguments on appeal focus on these findings and their general acceptance determination. ... The Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., ___ U.S. ___, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), has now rejected Frye's general acceptance test as the exclusive test and has redefined the standard for the admission of expert scientific testimony.[12]

Cited 146 times
Repetitive DNA sequences Classical genetics Molecular biology Statistical genetics Gangs