Showing results 1-5 of 5.


  General Electric Co. v. Joiner -

Decided: 12/15/1997
District Court Decision: Excluded
Appellate Court Decision: Affirmed

We granted certiorari in this case to determine what standard an appellate court should apply in reviewing a trial 139*139 court's decision to admit or exclude expert testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U. S. 579 (1993). ... And nothing in either Daubert or the Federal Rules of Evidence requires a district judge to reject an expert's conclusions and keep them from the jury when they fit the facts of the case and are based on reliable scientific methodology.

Cited 1971 times
Smoking Abdomen Persistent Organic Pollutants under the Stockholm Convention Persistent Organic Pollutants under the Convention on Long-Range Transboundary Air Pollution Occupational safety and health 

  Pipitone v. Biomatrix, Inc. - 5th Circuit

Decided: 4/18/2002
District Court Decision: Excluded
Appellate Court Decision: Affirmed, Reversed/Remanded

In the later case of Kumho Tire Co. v. Carmichael,[16] the Supreme Court emphasized that the Daubert analysis is a "flexible" one, and that "the factors identified in Daubert may or may not be pertinent in assessing reliability, depending on the nature of the issue, the expert's particular expertise, and the subject of his testimony."[17] ... The district court excluded the testimony of the plaintiffs' experts, Doctors Millet and Coco, under the standard set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc.[1] The district court concluded that without the testimony of their two witnesses, the plaintiffs could not establish their case and granted summary judgment in favor of Biomatrix.

Cited 288 times
Medical specialties Drug delivery devices Medical equipment Foodborne illnesses Body fluids 

  Williams v. Mast Biosurgery USA, Inc. - 11th Circuit

Decided: 6/30/2011
District Court Decision: Admitted

She believes that the district court erred in applying the Supreme Court's analysis under Daubert to the physicians' testimony because that rule applies only to expert opinions. ... Although circumstantial evidence can suffice in some situations, see Firestone Tire & Rubber Co. v. King, 145 Ga.App. 840, 244 S.E.2d 905, 908-09 (1978), the only such evidence in the record is Dr. Yared's expert testimony that the foreign body produced an abscess, which led to the other injuries Ms. Williams sustained.

Cited 9 times
Medical terminology Abdomen Cysts Digestive system surgery Surgical removal procedures 

  Rowe v. Gibson - 7th Circuit

Decided: 8/19/2015

The district judge in this case failed to play the role envisaged in Daubert by treating Dr. Wolfe as an expert on GERD despite his being a defendant accused of neglecting Rowe's GERD and also his not being a gastroenterologist. ... In addition, an expert's fee, if any, would in a case such as this, with its numerous defendants, be split many ways or, more likely, be paid for by the Indiana Department of Correction, the State of Indiana, Corizon or its liability insurer, or individual defendants' malpractice insurance (depending on the contractual arrangements between Corizon and the state, as well as the parties' insurance arrangements), or some combination of these well-heeled entities.

Cited 1 times
Medical conditions related to obesity Esophagus disorders Symptoms and signs: Digestive system and abdomen Meals Total institutions 

  Poche v. JOUBRAN - 10th Circuit

Decided: 7/26/2010
District Court Decision: Admitted

In the Tenth Circuit, a district court assesses the admissibility of expert testimony using a two-step analysis: First, the court must determine if the expert is qualified by "knowledge, skill, experience, training, or education," Fed. R. Evid. 702, to render an expert opinion. ... The Wyoming Supreme Court reversed, holding that the expert was "sufficiently familiar with the standard of care in treating infectious disease in the emergency room that [his] testimony would assist the jury in determining facts in issue."

Cited 0 times
Medical specialties Digestive system Petroleum production Endoscopy