Showing results 1-7 of 7.


  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 

  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 

  Sorensen By and Through Dunbar v. Shaklee Corp. - 8th Circuit

Decided: 8/2/1994
District Court Decision: Excluded
Appellate Court Decision: Affirmed

The Sixth Circuit majority upheld the admission of plaintiffs' expert testimony, concluding that Rules 702 and 703 and Daubert do not prohibit an expert "from testifying to confirmatory data, gained through his own clinical experience, on the origin of a disease or the consequences of exposure to certain conditions." ... Finally, the Daubert opinion reminds district judges that when necessary they may themselves seek expert assistance in their "gatekeeper" functions by resorting to Rule 706 which "allows the court at its discretion to procure the assistance of an expert of its own choosing."

Cited 34 times
Radiation health effects Fumigants Pesticides Occupational diseases Radioactivity 

  Pioneer Hi-Bred Intern. v. Holden Foundation Seeds, Inc. - 8th Circuit

Decided: 7/12/1994
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Although the court did not expressly analyze these issues under the as-yet-unannounced Daubert formulation, its analysis convinces us that it did consider the experts' testimony to be scientific knowledge that would assist in determining facts in issue. ... 1230*1230 After briefing in this case, the Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals, Inc., ___ U.S. ___, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), which held the "austere" Frye standard "should not be applied in federal trials."

Cited 10 times
Plant reproduction Breeding Classical genetics Commercial crimes Fertility 

  US v. Montgomery - 8th Circuit

Decided: 4/5/2011
District Court Decision: Admitted
Appellate Court Decision: Affirmed

At the Daubert hearing, the experts interpreted a graph in Dr. Gur's report that charted the deviation of Montgomery's MRI results from normal. ... The government challenged Dr. Gur's proffered testimony in a pretrial motion pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and Federal Rules of Evidence 702 and 403, arguing that Dr. Gur's principles and methods were unreliable.

Cited 4 times
Psychiatric diagnosis Psychopathology Fertility Developmental biology Psychiatric assessment 

  Richmond Medical Center for Women v. Herring - 4th Circuit

Decided: 5/20/2008

In particular, Virginia contends that the district court erred in (1) striking the testimony of Virginia's expert, 167*167 Dr. Harlan Giles; (2) striking portions of the testimony of Virginia's other expert, Dr. John Seeds; and (3) excluding testimony given before the United States House of Representatives Committee on the Judiciary during hearings on the Federal Act. ... At best, it can be said that it is very rare for the fetal head to become lodged in the woman's cervix during a standard D & E. Moreover, one of the plaintiffs' medical experts, Dr. Charles DeProsse, stated that though "several factors determine how the procedure will progress," "a skilled physician will adapt his or her technique in light of the individual patient's needs."

Cited 2 times
Obstetrics Amputations Gynaecology Developmental biology Medical specialties 

  Richmond Medical Center for Women v. Hicks - 4th Circuit

Decided: 6/3/2005
District Court Decision: Excluded, Excluded In Part
Appellate Court Decision: Affirmed

In particular, Virginia contends that the district court erred in (1) striking the testimony of Virginia's expert, Dr. Harlan Giles; (2) striking portions of the testimony of Virginia's other expert, Dr. John Seeds; and (3) excluding testimony given before the United States House of Representatives Committee on the Judiciary during hearings on the federal partial-birth abortion ban. ... Virginia relied on Dr. Seeds' testimony for his expert opinions on whether the health concerns raised by the appellees were medically legitimate, whether a physician would ever have to resort to a procedure that violated the statute, and whether there exists any safer alternative means for performing abortions than any procedure that would violate the statute.

Cited 1 times
Gynaecology Fertility Amputations Ancient Rome Medical specialties