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6 May 2013, 5:16 am by Susan Brenner
  Springstead then pointed out that the legal standard courts apply to the admissibility of expert testimony comes from the Supreme Court’s decisions in Kumho Tire Co. [read post]
19 Apr 2013, 5:35 pm by Schachtman
  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 by Lawrence B. Ebert
Daubert v.Merrell Dow Pharm., Inc., 509 U.S. 579, 589–90 (1993);Kumho Tire Co., Ltd. v. [read post]
9 Mar 2013, 8:48 am by Schachtman
  And Kumho Tire was a case involving dubious allegations of a defect in a tire, the sort of allegations that plague American industry because they are so easy to manufacture, and so costly to defend. [read post]
23 Oct 2011, 9:06 am by Schachtman
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]
19 Sep 2011, 9:36 am by Schachtman
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]
12 Apr 2011, 3:50 pm by Schachtman
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]