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11 May 2020, 1:09 am
In the words of Judge Jed Rakoff, who served on the President’s Council of Advisors on Science and Technology,[5] addressed the limited ability of cross-examination in the context of forensic evidence: “Although effective cross-examination may mitigate some of these dangers, the explicit premise of Daubert and Kumho Tire is that, when it comes to expert testimony, cross-examination is inherently handicapped by the jury’s own lack of background knowledge, so that the Court… [read post]
8 May 2020, 3:47 am
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). [2] Frye v. [read post]
13 Apr 2020, 4:19 pm
Effective data science serves to efficiently implement the tools the U.S. [read post]
24 Mar 2020, 3:44 pm
In about that same time frame, said the complaint, the Dow Jones Industrial Average had peaked at a record level of over 29,551 but had lost one-third of its value as of the time the complaint was filed. [read post]
23 Jan 2020, 10:37 pm
Judge Seeborg denied the defense motions against all three of plaintiffs’ plausibility witnesses.[10] The MDL judge determined that biological plausibility is neither necessary nor sufficient for inferring causation in science or in the law. [read post]
18 Sep 2019, 10:02 am
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. [read post]
18 Sep 2019, 10:02 am
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. [read post]
18 Sep 2019, 10:02 am
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. [read post]
13 Sep 2019, 6:00 am
Davis,[vii]a decision to which I shall return presently, not because he was concerned about the strain on judicial capacity that would be produced by judicial scrutiny of unintentional discriminatory effect, but because of his narrow view of equal protection more generally.Coan is admirably sensitive to such problems of ambiguous causation, and thus surveys and explores as alternative possible causes for the Court’s doctrines of deference and its occasional (Coan would say frequent) preference… [read post]
13 Jul 2019, 8:53 am
Merrell Dow Pharms., Inc., 509 U.S. 579, 595 (1993). [8] Bench Book at 10. [9] Id. at 10. [10] Id. at 10. [11] See State Justice Institute Act of 1984 (42 U.S.C. ch. 113, 42 U.S.C. [read post]
7 Jun 2019, 7:39 am
Merrell Dow Pharmaceuticals, Inc.[2], the Court ruled that Rule 702 of the Federal Rules of Evidence did not incorporate the Frye general acceptance test as a basis for assessing scientific testimony. [read post]
7 Jun 2019, 7:39 am
Merrell Dow Pharmaceuticals, Inc.[2], the Court ruled that Rule 702 of the Federal Rules of Evidence did not incorporate the Frye general acceptance test as a basis for assessing scientific testimony. [read post]
7 Jun 2019, 7:39 am
Merrell Dow Pharmaceuticals, Inc.[2], the Court ruled that Rule 702 of the Federal Rules of Evidence did not incorporate the Frye general acceptance test as a basis for assessing scientific testimony. [read post]
7 Jun 2019, 7:39 am
Merrell Dow Pharmaceuticals, Inc.[2], the Court ruled that Rule 702 of the Federal Rules of Evidence did not incorporate the Frye general acceptance test as a basis for assessing scientific testimony. [read post]
22 Jan 2019, 2:30 am
“Many of them are more concerned by what the court accepts as science rather than being motivated by science itself,” Dror said. [read post]
5 Jan 2019, 12:15 pm
Merrell Dow Pharmaceuticals, Inc., U.S. [read post]
28 Dec 2018, 2:22 pm
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), appealed a Ninth Circuit ruling that the Frye rule survived, and was incorporated into, the enactment of a statutory evidentiary rule, Rule 702. [read post]
17 Nov 2018, 12:10 pm
The amicus brief of the American Association for the Advancement of Science and the National Academy of Science was a good example of advocacy for the full implementation of gatekeeping on scientific principles of valid inference.1 Other amici urged an anything goes approach to judicial oversight of expert witnesses. [read post]
2 Nov 2018, 7:32 pm
Merrill Dow Pharmaceuticals, Inc., 874 F.2d 307, 311-12 (5th Cir. 1989) (“Fortunately, we do not have to resolve any of the above questions [as to bias and confounding], since the studies presented to us incorporate the possibility of these factors by the use of a confidence interval. [read post]
21 Oct 2018, 10:29 am
Merrell Dow Pharmaceuticals, Inc., U.S. [read post]
