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13 Sep 2007, 5:15 am
He concludes that the nature of such testimony precludes the application of the normal expert testimony standards prescribed by Daubert and Kumho. [read post]
13 Sep 2007, 6:25 am
He concludes that the nature of such testimony precludes the application of the normal expert testimony standards prescribed by Daubert and Kumho. [read post]
6 Sep 2020, 12:28 pm by Steve Kalar
”   In fact, Judge Bennett goes so far as to emphasize that this core reliability finding is arguably more important when dealing with cop experts, such as this case: “Daubert and Kumho Tire may be harder to apply when the expert testimony is ‘experience-based’ rather than ‘science-based. [read post]
11 Aug 2014, 6:02 pm by Law Lady
., Appellee. 3rd District.Torts -- Negligence -- Plaintiffs sued laboratory alleging its cytotechnologists negligently failed to identify abnormalities in plaintiff's pap smears and that this negligence caused a delay in plaintiff's cancer diagnosis -- Evidence -- Standard of care -- Expert witness testimony -- District court abused discretion in excluding testimony of plaintiff's expert witness concerning alleged breach of standard of care for cytotechnologists based on conclusion… [read post]
21 May 2008, 2:57 pm
On a side note, I was surprised but honored to see that my paper, The Admissibility of Neuropsychological Testimony After Daubert and Kumho, was cited as authority. [read post]
18 Sep 2011, 9:10 am by David Bernstein
Oceana Cruises, in which the court overturned a district court ruling excluding the testimony of a floor safety expert.Here’s the Eleventh Circuit, quoting a 2004 case that in turn quoted a 1998 case–a case that predates not only amended Rule 702, but also the Kumho Tire case that established standards for the admissibility of non-scientific expert testimony while overruling, you guessed it, an overly lenient Eleventh Circuit opinion:[T]rial courts determining the admissibility… [read post]
2 Mar 2018, 11:29 am by Schachtman
’’ Kumho Tire Co. v. [read post]
12 Nov 2007, 4:00 am
But despite the court’s “forewarn[ing]” about Kumho, the disclosure still said nothing about Fischel’s methodology. [read post]
17 Jun 2008, 5:55 pm
  In fact, however, only 10 states currently adopt Daubert and Kumho Tire in their entirety, and a majority of States addressing the issue either limit its application or reject it outright like South Carolina’s current evidentiary rules. [read post]
9 Mar 2013, 8:48 am by Schachtman
  The first three cases in the “Revolution,” Daubert, Joiner, and Kumho Tire, were all tort cases with “mass tort” overtones. [read post]
27 Nov 2012, 11:13 am by Hall Marston
Supreme Court’s seminal opinions in the area (Daubert , Kumho, and Joiner), and the Federal Rules of Evidence, as well as the “gatekeeper” vocabulary that most practitioners associate with federal jurisprudence, perhaps signaling that the widely-understood gap between admissibility of expert testimony in California state courts and their federal counterparts may not be as wide as most thought. [read post]
26 Jun 2014, 3:58 am by Dan Harris
But alas, this did not happen, and recently it was announced that Kumho/incheon have walked away from the project, and that it will come up for re-bid. [read post]
29 Mar 2011, 6:39 am by Schachtman
Perhaps the most remarkable aspect of the Court’s citation to Wells is that the case, and all it stands for, was overruled sub silentio by the Supreme Court’s own decisions in Daubert, Joiner, Kumho Tire, and Weisgram. [read post]
3 Mar 2011, 3:52 pm
The court went on to review numerous cases, from Kumho Tire and Joiner to ResQNet and Wordtech and held that their meaning was clear: "[T]here must be a basis in fact to associate the royalty rates used in prior licenses to the particular hypothetical negotiation at issue in the case. [read post]
3 May 2012, 6:16 am by Andrew & Danielle Mayoras
 Recent inheritance battles have affected Koren companies like Hyundai, Kumho and Doosan. [read post]