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5 May 2013, 12:15 pm
Merrell Dow Pharmaceuticals, Inc. [read post]
3 May 2022, 10:28 am
Merrell Dow Pharmaceuticals, Inc. (1993), the Supreme Court explained that Rule 702 imposes an obligation on a trial court to act as gatekeeper, to ensure that any and all scientific [or technical or otherwise specialized] testimony or evidence admitted is not only relevant, but reliable. [read post]
9 Mar 2013, 8:48 am
Merrell Dow Pharm., 509 U.S. 579, 590 (1993) Professor Faigman correctly observes that, although lawyers and lower court judges have obsessed over the so-called Daubert factors, the actual holding of Daubert was “the requirement that an expert’s testimony pertain to ‘scientific knowledge’ establishes a standard of evidentiary reliability. [read post]
4 May 2013, 3:17 pm
Professor Michael D. [read post]
12 Oct 2007, 7:03 am
Richardson-Merrell, Inc., 584 A.2d 1383, 1386088 (Pa. 1991). [read post]
30 Jun 2019, 9:05 pm
Merrell Dow Pharmaceuticals, or something like it, in the administrative context. [read post]
19 Mar 2015, 4:00 am
The follow-up podcast I recorded with Casey Sipe and Jessica Miller-Merrell from Blogging4Jobs.com on the FMLA/ADA/WC questions we couldn’t get to during out hour-long webinar is now available. [read post]
16 Jan 2014, 7:21 am
Merrell Dow Pharmaceuticals, Inc. [read post]
16 Sep 2016, 2:02 pm
Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). [read post]
18 Mar 2011, 9:58 am
Id. at 374 (relying upon and quoting from Merrell Dow Pharms., Inc. v. [read post]
18 Mar 2011, 9:58 am
” Id. at 374 (relying upon and quoting from Merrell Dow Pharms., Inc. v. [read post]
20 Jun 2012, 5:05 am
In her post “Managers & FLSA Laws Stifling Work Flex Options”, Jessica Miller-Merrell argues that flexible scheduling, telecommuting and other workplace flexibility options are sorely needed, but rigid aging laws – and rigid thinking on the part of many corporate managers – have not evolved to handle flexible schedules and the virtual workforce. [read post]
2 Jun 2020, 12:54 am
The Advisory Committee notes to the year 2000 amendment to Federal Rule of Evidence 702 included a comment: “A review of the case law after Daubert shows that the rejection of expert testimony is the exception rather than the rule. [read post]
11 May 2020, 1:09 am
In my last post,[1] I praised Lee Mickus’s recent policy paper on amending Rule 702 for its persuasive force on the need for an amendment, as well as a source for helping lawyers anticipate common judicial dodges to a faithful application of the rule.[2] There are multiple dodges used by judicial dodgers, and it behooves litigants to recognize and anticipate them. [read post]
16 Jun 2014, 9:37 am
Merrell-Dow Pharmaceuticals, Inc., 35 Ohio St.3d 123 (1988) (Ohio does not recognize the doctrine of forum non conveniens as a legitimate justification for transferring a lawsuit from one Ohio county to another.) [read post]
3 Jun 2020, 11:49 am
The Federal Multi-District Silicosis Proceedings Before Judge Janis Jack One of the most significant developments in the role of scientific and medical evidence gatekeeping under Rule 702, and the Supreme Court’s decision in Daubert,[1] was the 2005 opinion of Judge Janis Graham Jack in the multi-district silicosis litigation.[2] Judge Jack’s lengthy opinion addresses a variety of procedural issues, including subject matter jurisdiction over some of the cases, but Her Honor’s focus… [read post]
10 Oct 2020, 11:29 am
Merrell Dow Pharmaceuticals, Inc. (1993). [read post]
21 Oct 2008, 8:15 pm
Merrell Dow Pharmaceuticals seems to break down as well. [read post]
4 Jan 2017, 7:09 pm
Merrell Dow Pharm, Inc., 509 US. 579, 593-94 (1993)). [read post]
17 Nov 2022, 7:42 am
Merrell Dow Pharms., Inc., 509 U.S. 579 (1993)] when determining whether [defendant’s expert] was qualified as an expert, focusing on the absence of reliable principles and methods,” then “contemplated how to balance [defendant’s expert’s] lack of credentials and training with [d]efendant’s right to present a defense. [read post]
