Showing results 1-6 of 6.


  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 

  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 

  Nelson v. Tennessee Gas Pipeline Co. - 6th Circuit

Decided: 3/9/2001
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Plaintiffs claim that the district court abused its discretion by excluding the expert testimony of Kaye H. Kilburn, M.D., and Alan R. Hirsch, M.D., under Fed. R.Evid. 702 and the standards adopted in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). ... After the court of appeals found that the expert witness testimony did not satisfy Daubert and instructed that judgment be entered as a matter of law, the Supreme Court held that an appellate court's authority "to direct the entry of judgment as a matter of law extends to cases in which, on excision of testimony erroneously admitted, there remains insufficient evidence to support 250*250 the jury's verdict."

Cited 129 times
Neurological disorders Peripheral nervous system disorders Medical specialties Flame retardants Fire suppression agents 

  Best v. Lowe's Home Centers, Inc. - 6th Circuit

Decided: 4/16/2009
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

We further note that, even without Dr. Moreno's expert testimony, summary judgment might be inappropriate in this case in light of this court's recent decision in Gass v. Marriott Hotel Services, 558 F.3d 419, 434 (6th Cir.2009) (holding that expert testimony was not required to prove the causation element of a negligence case where the plaintiffs were allegedly exposed to pesticides and immediately developed respiratory injuries). ... According to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), a district court's task in assessing evidence proffered under Rule 702 is to determine whether the evidence "both rests on a reliable foundation and is relevant to the task at hand."

Cited 121 times
Neurological disorders Medical terminology Human head and neck Medical specialties Chemical safety 

  Joiner v. General Elec. Co. - 11th Circuit

Decided: 3/27/1996
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

In order to best ensure relevant and reliable testimony and exclude "unsupported speculation," Daubert establishes a two-pronged test which requires a district court, before it may admit 530*530 scientific testimony, to determine "whether the expert is proposing to testify to (1) scientific knowledge that (2) will assist the trier of fact to understand or determine a fact in issue." ... In analyzing the admissibility of expert testimony, it is important for trial courts to keep in mind the separate functions of judge and jury, and the intent of Daubert to loosen the strictures of Frye and make it easier to present legitimate conflicting views of experts for the jury's consideration.

Cited 42 times
IARC Group 2B carcinogens Smoking Carcinogenesis Solid-solid separation Food science 

  In re Paoli RR Yard PCB Litigation - 3rd Circuit

Decided: 5/12/1997

In reviewing the admissibility of expert opinions, we applied the admissibility standards enunciated in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), which the Supreme Court decided after the district court's rulings. ... After our decision in Paoli I reversing the grant of summary judgment for the defendants on the grounds that the district court had not conducted an in limine hearing on evidentiary issues, plaintiffs submitted a list of expert witnesses, which included Melvyn Kopstein, Ph.D., who was proffered to testify about plaintiffs' exposure to PCBs from the Yard; Ian C.T. Nisbet, Ph.D., who was proffered to testify about plaintiffs' exposure to PCBs; and Janette Sherman, M.D., who was proffered to testify that PCBs had caused plaintiffs' injuries and that plaintiffs require medical monitoring to detect and treat future PCB-related illnesses.

Cited 4 times
Persistent Organic Pollutants under the Convention on Long-Range Transboundary Air Pollution Persistent Organic Pollutants under the Stockholm Convention Occupational diseases IARC Group 2B carcinogens Soil contamination