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28 Feb 2024, 2:00 pm
Merrell Dow Pharms., Inc. (1993) 509 U.S. 579, 593 (Daubert); see also Primiano v. [read post]
27 Feb 2024, 12:07 pm by admin
Any opinion that “can be tested is science”; end of discussion. [read post]
19 Nov 2023, 2:31 pm by admin
Merrell Dow Pharmaceuticals, Inc.,[2] The Supreme Court suggested that peer review of studies relied upon by a challenged expert witness should be a factor in determining the admissibility of that expert witness’s opinion. [read post]
19 Jun 2022, 5:05 pm by admin
Although lawyers are known as a querulous lot, statisticians may not be far behind. [read post]
17 Jun 2022, 2:09 pm by admin
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), legal scholars, judges, and lawyers have struggled with the structure and validity of expert opinion on specific causation. [read post]
3 May 2022, 10:28 am by Eugene Volokh
Merrell Dow Pharmaceuticals, Inc. (1993), the Supreme Court explained that Rule 702 imposes an obligation on a trial court to act as gatekeeper, to ensure that any and all scientific [or technical or otherwise specialized] testimony or evidence admitted is not only relevant, but reliable. [read post]
19 Mar 2022, 2:09 pm by admin
Consequently, risk assessors may pay heed to any evidence that points to a need for caution, rather than assess the likelihood that a causal relationship in a specific case is more likely than not.[2] In March 2003, Professor Berger organized a symposium,[3] the first Science for Judges program (and the last), where the toxicologist Dr. [read post]
26 Feb 2022, 6:53 pm by admin
” “Dealing with replicability and uncertainty lies at the heart of statistical science. [read post]
5 Jan 2022, 4:33 am by Jon L. Gelman
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).Where does the universe of disability terminate? [read post]
11 Nov 2021, 2:07 pm by Kevin LaCroix
    Record-Setting Equity Markets and Low Litigation Rates During 3Q of 2021 and 4Q’s kick-off, liquidity permeates the capital markets leading public corporations trading in the U.S. markets to reach $50 trillion in aggregate market capitalization.[12] This is about $20 trillion more than one year ago (~67% increase in market cap during a global pandemic…) and the Federal Reserve is reluctant to restrict the money supply by keeping the federal funds rate at 0.25% while… [read post]
12 Oct 2021, 6:35 am by Natalie DiFelice
She has worked on many pharmaceutical products liability cases and acted as defense counsel for Merrell Dow Pharmaceuticals, Inc. [read post]
12 Oct 2021, 6:35 am by Natalie DiFelice
She has worked on many pharmaceutical products liability cases and acted as defense counsel for Merrell Dow Pharmaceuticals, Inc. [read post]
17 Jun 2021, 12:29 pm by admin
Supreme Court breathed fresh life into the trial court’s power and obligation to review expert witness opinions and to exclude unsound opinions.[7] Several months before the Supreme Court charted this new direction on expert witness testimony, the silicone breast implant litigation, fueled by iffy science and iffier scientists, erupted.[8] In October 1994, the Judicial Panel on Multi-District Litigation created MDL 926, which consolidated the federal breast implant cases before Judge… [read post]
1 Oct 2020, 5:00 am by William Sinclair
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the Frye test was the predominant standard for the admissibility of scientific evidence in state and federal courts. [read post]
7 Sep 2020, 11:33 am by Stuart Kaplow
Merrell Dow Pharmaceuticals, Inc., the Supreme Court held that Federal Rule of Evidence superseded Frye’s general acceptance test. [read post]