Search for: "Kumho Tire Co."
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22 Dec 2009, 8:57 pm
"); Procter & Gamble Co. v. [read post]
7 May 2009, 6:08 am
Fuller Co., 61 F.3d 1038 (2d Cir. 1995), is also shaky, because: (1) the expert in McCullock relied on published literature ("reference to various scientific and medical treatises," 61 F.3d at 1044), and (2) McCullock affirmed admission of expert testimony under an abuse of discretion standard, id.).Under Daubert, a valid differential diagnosis passes muster only if the expert first shows general toxicity in some reliable fashion:The first step in the diagnostic process is to… [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]
3 Oct 2022, 12:04 pm
Four Supreme Court cases (Daubert, Joiner, Kumho Tire, and Weisgram), and a major revision in Rule 702, ratified by Congress, all embraced the importance of judicial gatekeeping of expert witness opinion testimony to the fact-finding function of trials. [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]
12 Apr 2007, 1:33 am
" Kumho Tire Co., Ltd. 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]
10 Aug 2009, 9:16 am
See Kumho Tire Co., Ltd. v. [read post]
29 Feb 2012, 8:25 am
’’ Kumho Tire Co. v. [read post]
