Showing results 1-6 of 6.


  Knight v. Kirby Inland Marine Inc. - 5th Circuit

Decided: 3/19/2007
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Daubert suggested that a trial judge consider: whether the theory or technique the expert employs is generally accepted; whether the theory has been subjected to peer review and publication; whether the theory can and has been tested; whether the known or potential rate of error is acceptable; and whether there are standards controlling the technique's operation. ... We are mindful that under Daubert and FED. R. EVID. 702, a district court has broad discretion to determine whether a body of evidence relied upon by an expert is sufficient to support that expert's opinion.

Cited 159 times
Hypothesis testing Urological conditions Infectious diseases 

  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) 

  Adams v. Ameritech Services, Inc. - 7th Circuit

Decided: 10/23/2000

Daubert made clear that expert testimony should not be considered in a case unless the expert has genuine expertise (there, scientific knowledge) and that expertise will assist the trier of fact to understand or determine a fact in issue. ... 427*427 (Aside from reflecting the truism that it is always better to have more data than less, this comment does not tell the full story; there are statistical techniques that can be used for small samples, although neither Wertheimer nor the defendants' experts appear to have used them.) Only four CRESP groups met Wertheimer's preferred size criterion.

Cited 36 times
Employment compensation Pensions Human resource management Vice presidents Management occupations 

  Rudebusch v. Hughes - 9th Circuit

Decided: 12/9/2002

Because we recognize that the overriding purpose of the qualified immunity defense is "the need to protect officials who are required to exercise their discretion," Butz, 438 U.S. at 506, 98 S.Ct. 2894, in light of the undeveloped state of the law at the time and the lack of the more compelling Gantz/Miller study, we are hesitant to second-guess Hughes' judgment, much less play the role of überstatistician only after all the results are in. ... Particularly when, as was the case here, adjustments depend upon a regression analysis that does not account for performance factors such as academic credentials, performance, merit, teaching, research, or service — factors that are the major criteria for faculty compensation on campuses across the country — the failure to make some sort of more individualized determination of what sort of adjustments are warranted in any given case will not satisfy strict scrutiny.

Cited 5 times
Regression analysis Hypothesis testing Kinship and descent Statistical methods 

  SENJU PHARMACEUTICAL CO. v. Lupin Ltd. - Federal Circuit

Decided: 3/20/2015

Appellees argue that the district court heard testimony from both experts, weighed their credibility, and reviewed Grass 1988-I as a whole before finding more credible Lupin's expert's opinions that the skilled person would not interpret Grass 1988-I as teaching "no increase" occurred at 0.01 w/v% EDTA. ... Appellees respond that appellants' experts offered no opinions defending the non-obviousness of the claim elements relating to pH, gatifloxacin percentages, use of isotonic agents, or the combination thereof in an ophthalmic formulation.

Cited 1 times
Human eye anatomy Coordination chemistry Chemical properties Cell anatomy Pharmaceutical industry 

  LeBlanc v. CHEVRON USA, INC. - 5th Circuit

Decided: 9/23/2010
District Court Decision: Excluded
Appellate Court Decision: Affirmed

Even when an expert is extrapolating from personal experience as a practitioner rather than from reviewing research undertaken by others, "nothing in either Daubert or the Federal Rules of Evidence requires a district court to admit opinion evidence which is connected to existing data only by the ipse dixit of the expert." ... Victoria Richaux LeBlanc, the representative of the estate of Malcolm LeBlanc; Timothy LeBlanc; and Heidi LeBlanc (the "LeBlanc family") appeal the district court's exclusion of their proffered expert witness testimony on causation and consequent grant of summary judgment in their toxic tort case against several oil and energy companies.

Cited 0 times
Myeloid neoplasia Hypothesis testing Rare cancers Medical terminology