Showing results 1-10 of 17.


  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 

  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) 

  Huss v. Gayden - 5th Circuit

Decided: 6/10/2009
District Court Decision: Excluded
Appellate Court Decision: Reversed/Remanded

After erasing the Husses' jury verdict based on the district court's exclusion of a portion of Dr. Reddix's testimony, Judge DeMoss then includes nine pages of dicta "making observations" about the admissibility of the Husses' expert evidence, an issue plainly not before this court; this while finding reversible error in the district court's refusal to admit part of the testimony of a defense expert—which somehow escapes its volunteer Daubert examination. ... However, Daubert "assigned the trial court a gatekeeper role to ensure [expert] testimony is both reliable and relevant."

Cited 119 times
Neonatology Cardiomyopathy Medical emergencies Medical specialties Sampling (statistics) 

  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 

  i4i Ltd. Partnership v. Microsoft Corp. - Federal Circuit

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

To determine whether expert testimony was properly admitted under Rule 702 of the Federal Rules of Evidence, we use the framework set out in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 589-90, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).[2] ... While the data were certainly imperfect, and more (or different) data might have resulted in a "better" or more "accurate" estimate in the absolute sense, it is not the district court's role under Daubert to evaluate the correctness of facts underlying an expert's testimony.

Cited 70 times
Markup languages Sampling (statistics) Computer storage Technical communication Marketing 

  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) 

  Tyson Foods, Inc. v. Bouaphakeo -

Decided: 3/22/2016
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Using this data, the employees' other expert, Dr. Liesl Fox, was able to estimate the amount 1044*1044 of uncompensated work each employee did by adding Mericle's estimated average donning and doffing time to the gang-time each employee worked and then subtracting any K-code time. ... Failing to challenge evidence under Daubert precludes defendants from "argu[ing] that [the] testimony was not admissible," but it does not preclude defendants from "argu[ing] that the evidence failed to show that the case is susceptible to awarding damages on a class-wide basis."

Cited 13 times
Sampling (statistics) National Labor Relations Board 

  Dukes v. Wal-Mart, Inc. - 9th Circuit

Decided: 12/11/2007
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Specifically, Wal-Mart contends that Dr. Bielby's testimony does not meet the standards for expert testimony set forth in Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharm., Inc. ("Daubert I"), 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), which held that a trial court must act as a "gatekeeper" in determining whether to admit or exclude expert evidence. ... Because Daubert does not require a court to admit or exclude evidence based on its persuasiveness, but rather, requires a court to admit or exclude evidence based on its scientific reliability and relevance, id. at 587-90, 113 S.Ct. 2786 (evidence is relevant if it has "`any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence'" (citing Fed.R.Evid. 401), and relevance standard "is a liberal one"), testing Dr. Bielby's testimony for "Daubert reliability" would not have addressed Wal-Mart's objections.

Cited 12 times
Regression analysis Sampling (statistics) Human resource management Social psychology Hatred 

  Dukes v. Wal-Mart Stores, Inc. - 9th Circuit

Decided: 4/26/2010
District Court Decision: Admitted
Appellate Court Decision: Affirmed

Specifically, Wal-Mart contends that Dr. Bielby's testimony does not meet the standards for expert testimony set forth in Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 597, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), which held that a trial court must act as a "gatekeeper" in determining 602*602 whether to admit or exclude expert evidence. ... Finally, the district court committed legal error by failing to test the reliability of the expert opinion of William Bielby, Ph. D., as required by Federal Rule of Evidence 702[14] and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 589, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).

Cited 9 times
Sampling (statistics) Social psychology Regression analysis Human resource management Centralized computing 

  Chavez v. Illinois State Police - 7th Circuit

Decided: 5/23/2001
District Court Decision: Admitted

Plaintiffs' Preliminary Response to Defendants' Daubert Motion to Strike Plaintiffs' Expert Reports, at 17-18. ... Defendants have repeatedly asserted that Valkyrie officers are not trained to stop people based on any type of indicator, race or otherwise, yet the defendants contradict this statement at least twice: (1) the defendants' 650*650 statistical expert stated that ISP officers would be more inclined to stop a vehicle with a license plate from a drug source state than a vehicle with a license place from a non-drug source state; and (2) the defendants' appellate brief stated that "Valkyrie troopers focus on whether a particular vehicle or driver is both violating the traffic laws and also displaying any combination of DEA-approved characteristics associated with drug couriers, such as license plates from a drug source state."

Cited 8 times
Sampling (statistics) Law enforcement Vehicles Race and crime Race and law