Showing results 1-8 of 8.


  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 

  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 

  Norris v. Baxter Healthcare Corp. - 10th Circuit

Decided: 2/8/2005
District Court Decision: Excluded
Appellate Court Decision: Affirmed

After conducting a Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), inquiry[2], the district court excluded both experts because they were unreliable. ... Although "[t]rained experts commonly extrapolate from existing data," neither Daubert nor the Federal Rules of Evidence "require[] a district court to admit opinion evidence which is connected to existing data only by the ipse dixit of the expert."

Cited 128 times
Medical terminology Rheumatology Autoimmune diseases Accounting terminology Breast surgery 

  Kennedy v. Collagen Corp. - 9th Circuit

Decided: 12/7/1998
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

Daubert established that, faced with a proffer of expert scientific testimony, the trial 1228*1228 judge, in making the initial determination whether to admit the evidence, must determine whether the expert's testimony reflects (1) "scientific knowledge," and (2) will assist the trier of fact to understand or determine a material fact at issue. ... We conclude that the district court improperly applied the Daubert test, because it failed to consider relevant scientific evidence relied on by the plaintiffs' expert witness, Dr. Spindler, to support his conclusion.[1]

Cited 90 times
Autoimmune diseases Immune system disorders Systemic connective tissue disorders Hormonal contraception Rheumatology 

  Clausen v. M/v New Carissa - 9th Circuit

Decided: 8/12/2003
Amended: 9/25/2003
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Presented with the Clausen's proffer of expert scientific testimony in this case, the trial judge engaged in a thorough preliminary assessment of whether the reasoning or methodology underlying Dr. Elston's testimony was scientifically valid, as required by Daubert, 509 U.S. at 592-93, 113 S.Ct. 2786. ... We note at the outset that neither of Daubert II's two primary criteria for establishing the reliability of expert testimony is met in this case.

Cited 75 times
Oysters Autoimmune diseases Environmental disasters Medical specialties Toxicology 

  Meister v. Medical Engineering Corp. - Dist. of Columbia Circuit

Decided: 10/26/2001
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Under Daubert, the district court is required to address two questions, first whether the expert's testimony is based on "scientific knowledge," and second, whether the testimony "will assist the trier of fact to understand or determine a fact in issue." ... The defendants thereafter moved to exclude or limit the testimony of Meister's expert witnesses on causation, pursuant to Daubert and Federal Rules of Evidence 702 and 703.

Cited 39 times
Rheumatology Medical terminology Autoimmune diseases Plate tectonics Mucinoses 

  Cabrera v. Cordis Corp. - 9th Circuit

Decided: 1/29/1998
District Court Decision: Excluded
Appellate Court Decision: Affirmed

In Daubert, the Supreme Court held that the test for admitting scientific expert testimony under Frye v. United States, 293 F. 1013, 1014 (D.C.Cir.1923), which required that a scientific technique be "generally accepted" as reliable in the scientific community, was superseded by the adoption of the Federal Rules of Evidence. ... The district court excluded the testimony of Cabrera's expert witnesses under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and granted summary judgment to Cordis.

Cited 28 times
Autoimmune diseases Implants (medicine) Silicones Allergology Medical specialties 

  Mack v. AMERISOURCEBERGEN DRUG CORPORATION - 4th Circuit

Decided: 4/26/2011

In this products liability action filed in state court but removed to the District of Maryland pursuant to 28 U.S.C. § 1441(a), removal being based on the diversity of citizenship of the opposing parties, see 28 U.S.C. § 1332(a)(1), Plaintiffs James and Sylvia Mack, as surviving parents of Crystal Ann Mack, and Mr. Mack in his capacity as personal representative of his daughter's estate, appeal the district court's award of summary judgment to Defendants AmerisourceBergen Drug Corporation and Johnson & Johnson, along with the latter's subsidiary, Centocor, Inc. ... Furthermore, Remicade was initially approved for the treatment of Crohn's disease back in 1998 and has subsequently been approved by the FDA for use in alleviating the symptoms of a variety of other conditions, including rheumatoid arthritis, ankylosing spondylitis, psoriatic arthritis, ulcerative colitis, and plaque psoriasis, among others.

Cited 0 times
Autoimmune diseases Cardiac dysrhythmia Psoriasis Rheumatology