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12 May 2018, 4:56 pm
” Browne at 143 (quoting from Kumho Tire Co. v. [read post]
2 Mar 2018, 11:29 am
’’ Kumho Tire Co. v. [read post]
28 Dec 2017, 2:18 pm
The Ambrosini case straddled the Supreme Court’s 1993 Daubert decision. [read post]
21 Oct 2017, 9:00 am
Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. [read post]
21 Sep 2017, 6:43 am
In Karlo v. [read post]
13 Sep 2017, 5:20 pm
Plaintiff Network-1 moved to exclude certain opinions of expert Ambreen Salters, as unreliable.However, to the extent Plaintiff disagrees with the accuracy of Salters's decision to treat the fluctuating numbers in the spreadsheet as variable costs, or her decision to be conservative by treating only 50% of the operating costs as variable based on Thompson's deposition testimony, these concerns are best addressed through vigorous cross examination at trial, not wholesale exclusion. [read post]
13 Jun 2017, 4:00 am
., Kumho Tire Co. v. [read post]
6 Jan 2017, 6:28 am
This post examines a recent opinion from the U.S. [read post]
4 Jan 2017, 7:09 pm
” Kumho Tire Co. v. [read post]
2 Dec 2016, 9:35 am
See also Kumho Tire Company, Ltd. v. [read post]
6 Apr 2016, 12:06 pm
Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. [read post]
17 Oct 2015, 5:29 am
No serious observer or scholar of the law of evidence can deny that the lower federal courts have applied Daubert and its progeny, and the revised Federal Rule of Evidence 702, inconstantly and inconsistently, in their decisions to admit or exclude proffered expert witness opinion testimony. [read post]
14 Jul 2015, 2:50 pm
She has lamented that while “the Daubert-Kumho standard [for admitting expert witness testimony] does not require the illusory perfection of a television show (CSI, this wasn’t), when liberty hangs in the balance -- and, in the case of the defendants facing the death penalty, life itself -- the standards should be higher . . . than [those that] have been imposed across the country. [read post]
16 Jun 2015, 7:22 am
., 509 U.S. 579, 593 (1993) (specifying the “the known or potential rate of error” as one of several factors in assessing the scientific reliability or validity of proffered expert witness’s opinion) Kumho Tire Co. v. [read post]
26 May 2015, 10:34 am
(For that matter, Kumho was decided by the Supreme Court in 1999, so Kilpatrick couldn’t have been distilled from that, either; this is especially ironic because Kumho overruled an Eleventh Circuit opinion, which should have been a hint ot the Eleventh Circuit that it shouldn’t be relying on its earlier precedents). [read post]
2 Apr 2015, 6:34 am
Kumho Tire Co., 2009 WL 2229902, at *4 (D. [read post]
12 Jan 2015, 11:26 am
" Hicks, 389 F.3d at 524; see also Kumho Tire Co., Ltd. v. [read post]
30 Nov 2014, 8:16 am
Kumho Tire, 526 U.S. at 150. [read post]
13 Nov 2014, 9:05 pm
Kip Viscusi: current structure of tort law gives firms like General Motors reason not to investigate risks/benefits of their designs [Alison Frankel, Reuters] California woman in trouble after allegedly sending “faked treatment documents and burn photos from a hospital website” to bolster hot coffee spill claim against McDonald’s [ABA Journal] Despite Kumho Tire, Joiner, and amendments to evidence rules in 2000, Eighth Circuit cuts its own liberal path on expert… [read post]
12 Nov 2014, 2:57 pm
Kumho Tire Co. v. [read post]
