Showing results 1-10 of 84.


  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 

  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 

  Westberry v. Gislaved Gummi AB - 4th Circuit

Decided: 5/20/1999
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Cf. Wintz v. Northrop Corp., 110 F.3d 508, 512-14 (7th Cir.1997) (holding that expert opinion was not reliable when expert formed opinion that in utero exposure to bromide caused birth defects, but 265*265 expert had no information concerning the mother's work environment or her exposure to bromide); ... Consequently, while precise information concerning the exposure necessary to cause specific harm to humans and exact details pertaining to the plaintiff's exposure are beneficial, such evidence is not always available, or necessary, to demonstrate that a substance is toxic to humans given substantial exposure and need not invariably provide the basis for an expert's opinion on causation.

Cited 321 times
Medical terminology Occupational safety and health 

  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 

  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 

  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 

  Rink v. Cheminova, Inc. - 11th Circuit

Decided: 2/24/2005
District Court Decision: Excluded
Appellate Court Decision: Affirmed

The district court granted summary judgment to the manufacturer of the substance and its related entities following the court's exclusion of expert testimony under the principles of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). ... In ascertaining reliability under the second Daubert prong, we have identified several factors which can be considered: (1) whether the expert's methodology can be tested; (2) whether the expert's scientific technique has been subjected to peer review and publication; (3) whether the method has a known rate of error; (4) whether the technique is generally accepted by the scientific community.

Cited 181 times
Medical terminology Invasive insect species Beekeeping Bees 

  McClain v. Metabolife Intern., Inc. - 11th Circuit

Decided: 3/2/2005
District Court Decision: Admitted
Appellate Court Decision: Reversed/Remanded

1237*1237 Before trial Metabolife moved to exclude Plaintiffs' experts' testimony on medical causation asserting that Plaintiffs' experts' opinions lacked a reliable foundation for admission under the standards of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). ... This type of proof requires expert testimony, and when a party offers expert testimony and the opposing party raises a Daubert challenge, the trial court must "make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field."

Cited 170 times
Occupational diseases Medical terminology Stroke Epidemiology Sympathomimetics 

  Ralston v. Smith & Nephew Richards, Inc. - 10th Circuit

Decided: 12/26/2001
District Court Decision: Excluded
Appellate Court Decision: Affirmed

In so ruling, the district court excluded Dr. Templeton's testimony under Fed.R.Evid. 702 on the grounds that she was unqualified to render an opinion on the subject-matter of Ralston's theory, and because her opinions were not reliable under the principles set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). ... Thus, the district court's determination that Dr. Templeton did not possess the requisite qualifications to render an expert opinion concerning the adequacy of the warnings with respect to the MultiHole Nail was not "`arbitrary, capricious, whimsical, or manifestly unreasonable'" so as to constitute an abuse of discretion.

Cited 169 times
Medical specialties Bone fractures Skeletal system Medical terminology Medical doctors by specialty