Showing results 1-10 of 2634.

Cases that cite: Frye v. United States

  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 

  General Electric Co. v. Joiner -

Decided: 12/15/1997
District Court Decision: Excluded
Appellate Court Decision: Affirmed

We granted certiorari in this case to determine what standard an appellate court should apply in reviewing a trial 139*139 court's decision to admit or exclude expert testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U. S. 579 (1993). ... And nothing in either Daubert or the Federal Rules of Evidence requires a district judge to reject an expert's conclusions and keep them from the jury when they fit the facts of the case and are based on reliable scientific methodology.

Cited 1971 times
Smoking Abdomen Persistent Organic Pollutants under the Stockholm Convention Persistent Organic Pollutants under the Convention on Long-Range Transboundary Air Pollution Occupational safety and health 

  Daubert v. Merrell Dow Pharmaceuticals, Inc. - 9th Circuit

Decided: 1/4/1995
District Court Decision: Excluded
Appellate Court Decision: Affirmed

As we read the Supreme Court's teaching in Daubert, therefore, though we are largely untrained in science and certainly no match for any of the witnesses whose testimony we are reviewing, it is our responsibility to determine whether those experts' proposed testimony amounts to "scientific knowledge," constitutes "good science," and was "derived by the scientific method." ... Plaintiffs submitted their experts' affidavits while Frye was the law of the circuit and, although they've not requested an opportunity to augment their experts' affidavits in light of Daubert, the interests of justice would be disserved by precluding plaintiffs from doing so.

Cited 580 times
Radiation health effects Fertility Reproduction in mammals 

  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 

  Amorgianos v. National RR Passenger Corp. - 2nd Circuit

Decided: 8/28/2002
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Concluding that the bright-line "general acceptance" test established in Frye was at odds with the "liberal thrust" of the Federal Rules of Evidence, Daubert, 509 U.S. at 588, 113 S.Ct. 2786 (internal quotation marks omitted), the Supreme Court has made clear that the district court has a "gatekeeping" function under Rule 702 — it is charged with "the task of ensuring that an expert's testimony both rests on a reliable foundation and is relevant to the task at hand." ... As Chief Judge Becker of the Third Circuit has explained, the Daubert "requirement that the expert testify to scientific knowledge — conclusions supported by good grounds for each step in the analysis — means that any step that renders the analysis unreliable under the Daubert factors renders the expert's testimony inadmissible."

Cited 376 times
Peripheral nervous system disorders Solvents Medical specialties Chemical compounds Filters 

  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 

  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 

  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

  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