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10 Nov 2011, 12:50 pm by Bexis
Merrell Co., Division of Richardson-Merrell, Inc., 174 So.2d 736, 739 (Fla. 1965). [read post]
9 Nov 2011, 6:30 am
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and progeny. [read post]
31 Oct 2011, 4:14 am
Although only Officer Merrell approached Defendant to seek consent, it is undisputed that the remaining officers were spread throughout the property and were visible to Defendant during his exchange with Officer Merrell. [read post]
25 Oct 2011, 9:05 am by Robert C. Weill
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 595 (1993), that “[e]xpert evidence can be both powerful and quite misleading because of the difficulty in evaluating it. [read post]
23 Oct 2011, 9:06 am by Schachtman
In several posts, I have addressed isolated issues in Professor Margaret Berger’s introductory chapter to the third edition of the Reference Manual on Scientific Evidence (RMSE 3d). [read post]
20 Sep 2011, 1:45 pm by Greg Mersol
Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), should apply at the class certification stage, but found that the district court improperly confused or diluted that standard when applying it to the plaintiffs' expert. [read post]
19 Sep 2011, 9:36 am by Schachtman
With the exception of a few evidence scholars, Federal Rule of Evidence 703 is ignored or misunderstood in practice. [read post]
19 Sep 2011, 6:20 am
Merrell Dow Pharmaceuticals are meant to prevent theories based on shaky science from cluttering up court proceedings and confusing juries. [read post]
18 Sep 2011, 9:10 am by David Bernstein
Merrell Dow Pharm., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993)]; and (3) the testimony assists the trier of fact, through the application of scientific, technical, or specialized expertise, to understand the evidence or to determine a fact in issue.That is perhaps a reasonable test, but it doesn’t happen to be the same as the three-part test that Rule 702 quite explicitly enumerates, to wit: If scientific, technical, or other specialized knowledge will assist the… [read post]
8 Sep 2011, 12:00 pm by Bexis
Richardson-Merrell, Inc., 727 F.2d 608 (6th Cir. 1984) (DES – back to UK); Lin v. [read post]
27 Aug 2011, 9:17 am by Schachtman
The Texas Supreme Court proceeded to rely heavily upon its holding and language in Merrell Dow Pharmaceuticals, Inc. v. [read post]
21 Aug 2011, 8:25 pm
Although only Officer Merrell approached Defendant to seek consent, it is undisputed that the remaining officers were spread throughout the property and were visible to Defendant during his exchange with Officer Merrell. [read post]
5 Aug 2011, 5:40 am by Jon Hyman
– from Rob Radcliff’s Smooth Transitions 76% of Businesses Use Social Media but Fewer than Half have Policies in Place – from Kara Mignanelli’s Social Axcess 45% of Employers [Still] Don’t Have a Social-Media Policy – from Molly DiBianca’s Delaware Employment Law Blog Google+: Five legal issues for businesses – from MacWorld The Internet Equalizer—The Smart Phone – from Jessica Miller-Merrell’s Blogging4jobs … [read post]