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19 Apr 2013, 5:35 pm
The Supreme Court’s serial opinions on Rule 702 (Daubert, Joiner, Kumho Tire, and Weisgram) reflect the need for top-down enforcement of a rule, on the books since 1975, while many lower courts were allowing “anything goes. [read post]
29 Mar 2013, 8:24 am
Kumho Tire, 526 U.S. at 156. [read post]
9 Mar 2013, 8:48 am
The first three cases in the “Revolution,” Daubert, Joiner, and Kumho Tire, were all tort cases with “mass tort” overtones. [read post]
27 Dec 2012, 5:07 am
” Kumho Tire Co., Ltd. v. [read post]
27 Nov 2012, 11:13 am
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]
12 Nov 2012, 4:14 pm
Another remarkable aspect of the Supreme 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]
10 Jun 2012, 1:09 pm
Expert Evidence Under Daubert and Kumho,” 50 Case Western Reserve L. [read post]
29 May 2012, 5:19 am
The first step was to formulate the search terms for which we are using Daubert, Kumho, Frye and 702. [read post]
16 May 2012, 3:52 pm
Daubert and Kumho Tire have been criticized on the ground that they require too much scientific training on the part of judges. [read post]
3 May 2012, 6:16 am
Recent inheritance battles have affected Koren companies like Hyundai, Kumho and Doosan. [read post]
23 Apr 2012, 4:24 am
Plaintiff’s lawyers, in turn, think the silicon implant case is the exception that proves the rule, and that courts these days more frequently use Daubert and Frye to destroy plaintiffs’ cases by wrongly excluding from trial valid scientific and medical testimony (here’s an example involving vinyl chloride and cancer, and another involving Tylenol and liver damage, and don’t forget Kumho Tire’s indefensible exclusion of an eminently… [read post]
23 Apr 2012, 3:30 am
., 509 U.S. 579 (1993), and Kumho Tire Co., Ltd. v. [read post]
9 Apr 2012, 1:24 pm
” Kumho Tire Co. v. [read post]
8 Apr 2012, 9:05 am
.'" Kumho Tire Co. v. [read post]
27 Mar 2012, 12:03 pm
, Kumho Tire Co. v. [read post]
29 Feb 2012, 8:25 am
’’ Kumho Tire Co. v. [read post]
13 Feb 2012, 4:23 am
But back to the courtroom … When SCOTUS (not generally a friend of the plaintiffs’ personal injury bar) wrote Daubert — and then, in 1996, the Kumho Tire case, which expanded the gatekeeper role to all expert testimony, scientific or otherwise — these were clearly anti-plaintiff decisions. [read post]
24 Jan 2012, 10:35 am
., and Kumho Tire Co., v. [read post]
1 Dec 2011, 4:29 am
Kumho Tire Co. v. [read post]
23 Oct 2011, 9:06 am
Berger, in her chapter in RSME 3d, provides a detailed discussion of Daubert, Joiner, Kumho Tire, and Weisgram, but remarkably, Berger offers virtually no discussion of the amendments to, and revisions of, Rule 702, in 2000, after she wrote the RSME 2d chapter. [read post]
