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 

  US v. Valencia - 5th Circuit

Decided: 3/10/2010
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Before trial, Valencia moved to exclude Labhart's proposed testimony on the grounds that it was expert in nature, and failed to meet the requirements of Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). ... Regarding the Daubert factors, the district court recognized that the unprecedented nature of O'Loughlin's work made it impractical, if not impossible, to subject the methods to peer review and publication, and that there would be no general acceptance of the theory in the scientific or expert community.

Cited 78 times
Regression analysis Mathematical analysis Means Causal inference Covariance and correlation 

  Milward v. Acuity Specialty Products Group, Inc. - 1st Circuit

Decided: 3/22/2011
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

The Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), vested in trial judges a gatekeeper function, requiring that they assess proffered expert scientific testimony for reliability before admitting it.[1] ... The Daubert Court identified four factors that might assist a trial court in determining the admissibility of an expert's testimony: "(1) whether the theory or technique can be and has been tested; (2) whether the technique has been subject to peer review and publication; (3) the technique's known or potential rate of error; and (4) the level of the theory or technique's acceptance within the relevant discipline."

Cited 73 times
Chromosomal abnormalities Epidemiology Genetic algorithms Induced stem cells Stem cells 

  In re Joint Eastern & Southern Dist. Asbestos Lit. - 2nd Circuit

Decided: 4/6/1995
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

This case marks the convergence of epidemiological evidence, probabilistic causation in carcinogenic torts, and the important issue of the extent to which a trial court may assess the sufficiency of scientific evidence, in light of the Supreme Court's recent holding in Daubert v. Merrell Dow Pharmaceuticals, Inc., ___ U.S. ___, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). ... Plaintiff's experts testified that because Maiorana was only 40 years old at the time of his death, had no family history of cancer, suffered from no special disease or syndrome, and did not face an abnormal risk in his diet inasmuch as it was low in fat, his colon cancer must have been caused by asbestos exposure.

Cited 48 times
Epidemiology Conditions diagnosed by stool test Hypothesis testing Occupational diseases Sampling (statistics) 

  In re Prempro Products Liability Litigation - 8th Circuit

Decided: 11/2/2009
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Federal Rule of Evidence 702 provides for the admission of an expert opinion if it "will assist the trier of fact to understand the evidence or to determine a fact in issue," provided the expert is qualified to render the opinion and offers sufficient factual basis for her opinion, forms her opinion on reliable principles and methods, and applies these principles or methods to the facts of the case. ... Wyeth and Upjohn argue that the district court erred in admitting the testimony of Scroggin's specific causation expert, in instructing the jury on proximate cause, and in denying their motion for judgment as a matter of law because the evidence showed that Scroggin would not have done anything differently if an adequate warning had been provided.

Cited 18 times
Medical terminology Gynaecological cancer Steroids Causal inference IARC Group 2B carcinogens 

  In re Neurontin Marketing and Sales Practices Litigation - 1st Circuit

Decided: 4/3/2013
District Court Decision: Admitted
Appellate Court Decision: Reversed/Remanded

After reviewing the evidence at trial — including the results of DBRCTs and other clinical trials, anecdotal accounts of clinical success, regulatory approval in other countries, and expert opinions, id. at *34-45 — the district court found that "there is no reliable scientific evidence that Neurontin is effective for bipolar disorder, migraine, or at high doses," and that although there was evidence that Neurontin was effective in treating some kinds of neuropathic pain, "there is no reliable scientific evidence to support a broad indication of neuropathic pain," id. at *34. ... The district court acted well within its discretion in concluding that Dr. Rosenthal's methods met the scientific validity standard under Rule 702. "So long as an expert's scientific testimony rests upon `good grounds, based on what is known,' it should be tested by the adversarial process, rather than excluded for fear that jurors will not be able to handle the scientific complexities."

Cited 6 times
Anticonvulsants Causal inference Calcium channel blockers Concepts in epistemology Migraine 

  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