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Harden Manufacturing Corporation v. Pfizer, Inc. et al

MEMORANDUM in Support re MOTION to Appoint Expert MOTION FOR APPOINTMENT OF INDEPENDENT EXPERTS TO ADVISE THE COURT IN DETERMINING THE ADMISSIBILITY OF PLAINTIFFS' PROFFERED EXPERT TESTIMONY ON GENERAL CAUSATION

21 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,224 times   224 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

  2. Kumho Tire Co. v. Carmichael

    526 U.S. 137 (1999)   Cited 12,582 times   28 Legal Analyses
    Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"

  3. Assoc. of Mexican-Am. v. State of Calif

    231 F.3d 572 (9th Cir. 2000)   Cited 789 times   1 Legal Analyses
    Holding the same where the indirect employer, the State of California, implemented an allegedly discriminatory skills test that was a prerequisite for the plaintiffs to gain employment with their direct employers, the school districts

  4. Norris v. Baxter Healthcare Corp.

    397 F.3d 878 (10th Cir. 2005)   Cited 317 times   2 Legal Analyses
    Holding that epidemiological studies are not required to prove causation, but that a substantial body of epidemiological evidence challenging causation cannot be ignored

  5. Reilly v. U.S.

    863 F.2d 149 (1st Cir. 1988)   Cited 333 times   1 Legal Analyses
    Holding that district courts may appoint technical advisors when "faced with problems of unusual difficulty, sophistication, and complexity"

  6. Miller v. Pfizer, Inc.

    356 F.3d 1326 (10th Cir. 2004)   Cited 172 times   1 Legal Analyses
    Holding a party's lack of explanation for why an opinion based on data acquired before the expert report was due but disclosed later in the case to be cause for excluding the expert's new analysis

  7. Ex Parte Peterson

    253 U.S. 300 (1920)   Cited 478 times   2 Legal Analyses
    Finding that a court possesses the inherent power to appoint persons unconnected with the court to aid in the performance of specific duties arising in a case

  8. U.S. v. Monteiro

    407 F. Supp. 2d 351 (D. Mass. 2006)   Cited 103 times
    Finding firearms identification expert qualified even though he "has no formal scientific training, is neither certified by, nor is he a member of any professional organizations, reads no literature in the field, and had not taken any proficiency testing at the time he performed the tests at issue in this case"

  9. Domingo ex Rel. Domingo v. T.K

    289 F.3d 600 (9th Cir. 2002)   Cited 82 times
    Holding that if trial court reasonably concludes that witness's conclusion does not follow from his analysis, it may properly exclude evidence as unreliable

  10. Soldo v. Sandoz Pharmaceuticals Corp.

    244 F. Supp. 2d 434 (W.D. Pa. 2003)   Cited 76 times   4 Legal Analyses
    Finding case reports to be unreliable and "unscientific" bases for causation opinion because are unpublished, not peer-reviewed, did not consider alternative causes, patients' medical history, etc.

  11. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,576 times   251 Legal Analyses
    Adopting the Daubert standard

  12. Rule 104 - Preliminary Questions

    Fed. R. Evid. 104   Cited 3,297 times   12 Legal Analyses
    Requiring proof of facts necessary to establish relevance

  13. Rule 706 - Court-Appointed Expert Witnesses

    Fed. R. Evid. 706   Cited 1,363 times   7 Legal Analyses
    Permitting the court to appoint its own expert witness