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 

  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) 

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

Decided: 7/11/1996
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Under the Daubert interpretation of F.R.E. 702, general acceptance is not a necessary condition to admissibility; expert scientific opinion is admissible if it qualifies as "scientific knowledge" and is therefore sufficiently "reliable." ... That the expert failed to subject his method to peer-review and to develop his opinion outside the litigation is not dispositive, but if these guarantees of reliability are not satisfied, the expert "must explain precisely how [he] went about reaching [his] conclusions and point to some objective source ... to show that [he has] followed the scientific method, as it is practiced by (at least) a recognized minority of scientists in [his] field."

Cited 132 times
Radiation health effects Congenital disorders 

  Hendrix ex rel. GP v. Evenflo Co., Inc. - 11th Circuit

Decided: 6/22/2010
District Court Decision: Excluded
Appellate Court Decision: Affirmed

The district court concluded that the methods used by Hendrix's experts were not sufficiently reliable under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). ... First, she argues that the district court erred in finding unreliable under Daubert the experts' testimony that the traumatic brain injury G.P. sustained in the accident caused him to develop ASD. Preliminary to this argument, Hendrix objects to the district court's focus on G.P.'s ASD diagnosis, arguing that the court should instead have assessed the experts' testimony as it pertains to G.P.'s individual neurologic impairments.

Cited 78 times
Congenital disorders Medical terminology Psychiatric diagnosis Genetic disorders Social concepts 

  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 

  Tanner v. Westbrook - 5th Circuit

Decided: 4/27/1999
District Court Decision: Admitted
Appellate Court Decision: Reversed/Remanded

Prior to trial, the defendants filed a motion for an FRE 104 hearing to exclude the testimony of two of the Tanners' experts — Drs. St. Amant and Nestrud — as failing to clear the hurdles of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).[1] ... In Daubert, the Supreme Court provided a list of factors, such as testing, peer review, error rates, and acceptance of the opinion in the relevant scientific community, that a court may choose to use in determining the reliability of an expert's testimony.

Cited 33 times
Congenital disorders Neonatology Acid–base disturbances Intensive care medicine Obstetrics 

  RHEINFRANK v. Abbott Laboratories, Inc. - 6th Circuit

Decided: 2/21/2017
District Court Decision: Excluded

In re Diet Drugs (Phentermine, Fenfluramine, Dexfluramine) Prods. Liab. Litig., No. MDL 1203, 2000 WL 876900, at *11 (E.D. Pa. June 20, 2000), the court could reasonably have found that Rheinfrank's experts were likelier than not unqualified under Daubert to opine on regulatory areas in which they had neither specialized training nor professional experience—including opinions as to what `should' have appeared on Depakote's label, subject as that must be to an essentially technical, regulatory judgment. ... But because each of those rulings was based on the district court's reasonable assessment as to the limits of those experts' respective expertise, and all were consistent with the rulings of other courts, the district court could reasonably have limited the testimony as it did without exceeding the "great latitude" this court must afford such evidentiary rulings, see Taulbee v. Wal-Mart Stores, Inc., 5 F. App'x 361, 363 (6th Cir. 2001) (quoting Rye v. Black & Decker Mfg. Co., 889 F.2d 100, 101-02 (6th Cir. 1989)).

Cited 0 times