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3 Oct 2011, 7:55 pm
In “the Top Reason that the ALI’s Restatement of Torts Should Steer Clear of Partisan Conflicts,” I pointed out the inappropriateness of advertising the ALI’s Restatement of Torts to the organized plaintiffs’ bar, much as the plaintiffs’ bar advertises potential huge recoveries for the latest tort du jour. [read post]
19 Sep 2011, 9:36 am
The current view, influenced no doubt by the Supreme Court’s holdings in Daubert, Joiner, and Kumho Tire, has settled on requiring the trial court to make an independent assessment, based upon a factual showing, that the “facts or data” in question may be reasonably relied upon by experts in the relevant field. [read post]
18 Sep 2011, 9:10 am
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]
7 Jul 2011, 6:00 am
Supreme Court’s 1999 Kumho Tire decision expanded Daubert’s reach to financial experts. [read post]
28 Jun 2011, 12:29 am
Last week, the ongoing labor dispute at Kumho Tire has worsened. [read post]
14 Apr 2011, 3:24 am
The problem, of course, is that while there may be a case here and there where a judge is bold enough to call out the prosecution's proof, conduct a Daubert/Kumho Tire hearing and proclaim a forensic discipline the nonsense it is, it's hardly the tidal wave one would have expected following the NAS report.This report should have sounded the death knoll for phony forensic evidence, and judges across the country should have been outraged at having been played for fools by law… [read post]
12 Apr 2011, 3:50 pm
Martin, 690 F.2d 1078, 1082 (4th Cir. 1982)(citations omitted) Of course, not long after the District of Columbia Circuit decided Ferebee, in 1993, the Supreme Court decided Daubert, followed by decisions in Joiner, Kumho Tire, and Weisgram. [read post]
1 Apr 2011, 3:00 am
Kumho Tire Co., 526 U.S. at 152. [read post]
29 Mar 2011, 6:39 am
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]
29 Mar 2011, 6:39 am
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, 6:56 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 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]
30 Jan 2011, 5:29 pm
Kumho Tire Co. [read post]
24 Jan 2011, 5:35 am
This Rule, enacted by Congress in 2000, is a statute, and thus supersedes prior case law, although the Advisory Notes explain that the language of the rule draws heavily from the United States Supreme Court’s decisions in Daubert, Joiner, and Kumho Tire. [read post]
4 Jan 2011, 4:08 pm
Kumho Tire Co. v. [read post]
4 Jan 2011, 11:53 am
Under Kumho Tire Co. v. [read post]
4 Jan 2011, 8:52 am
Kumho Tire Co. v. [read post]
15 Dec 2010, 2:00 am
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases. [read post]
22 Nov 2010, 2:38 am
Applicant Kumho Tire sought to register the mark ECSTA LX PLATINUM for "tires; inner tubes for vehicle tires; mud flaps for vehicles; inner tubes. [read post]
28 Sep 2010, 10:56 am
Joiner, 1996; Kumho Tire v. [read post]
