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29 Mar 2024, 8:22 am by admin
Joiner, 522 U.S. 136 (1997); Kumho Tire Co. v. [read post]
3 Oct 2022, 12:04 pm by admin
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]
5 Jun 2020, 11:18 am by Schachtman
Daubert itself was a pharmaceutical product liability case, as were Joiner and Kumho Tire. [read post]
11 May 2020, 1:09 am by Schachtman
In the words of Judge Jed Rakoff, who served on the President’s Council of Advisors on Science and Technology,[5] addressed the limited ability of cross-examination in the context of forensic evidence: “Although effective cross-examination may mitigate some of these dangers, the explicit premise of Daubert and Kumho Tire is that, when it comes to expert testimony, cross-examination is inherently handicapped by the jury’s own lack of background knowledge, so that… [read post]
8 May 2020, 3:47 am by Schachtman
Joiner, 522 U.S. 136 (1997); Kumho Tire Co. v. [read post]
17 Oct 2015, 5:29 am by Schachtman
Co., No. 1:08–0909, 2010 WL 692842, at *1 (S.D.W.Va. [read post]
16 Jun 2015, 7:22 am by Schachtman
Merrell Dow Pharmaceuticals, Inc., 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]