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SMITH v. CHS., INC., et al

MOTION in Limine Motion in Limine for Frye hearing regarding Dr. Brill and Dr. Younkin

12 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,284 times   225 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

  2. In re Paoli R.R. Yard PCB Litigation

    35 F.3d 717 (3d Cir. 1994)   Cited 2,109 times   8 Legal Analyses
    Holding an expert's testimony unreliable because he did not consider alternative causes

  3. United States v. Downing

    753 F.2d 1224 (3d Cir. 1985)   Cited 689 times
    Holding that “a defendant who seeks the admission of expert testimony must make an on-the-record detailed proffer to the court, including an explanation of precisely how the expert's testimony is relevant to the [issues in dispute]”

  4. Dura Automotive Systems of Indiana, Inc. v. CTS Corp.

    285 F.3d 609 (7th Cir. 2002)   Cited 261 times
    Holding that expert cannot give opinion that is "just parroting the opinion of [another] expert"

  5. Mancuso v. Consolidated Edison of N.Y.

    967 F. Supp. 1437 (S.D.N.Y. 1997)   Cited 59 times
    Holding that expert testifying as to general causation must demonstrate that, "according to scientific literature, levels of the toxin comparable to those received by the plaintiff can cause the specific types of injuries he alleges."

  6. Milano by Milano v. Freed

    64 F.3d 91 (2d Cir. 1995)   Cited 62 times
    Applying New York law

  7. Wade-Greaux v. Whitehall Lab., Inc.

    874 F. Supp. 1441 (D.V.I. 1994)   Cited 52 times
    Granting summary judgment in toxic tort case when evidence of causation was insufficient to sustain a jury verdict

  8. Diaz v. Johnson Matthey, Inc.

    893 F. Supp. 358 (D.N.J. 1995)   Cited 41 times
    Holding a doctor produced to testify about plaintiff's allergic condition and its possible long-term health effects of the condition was not qualified because he had limited experience and knowledge of the literature regarding the illness at issue

  9. Erickson v. Baxter Healthcare Inc.

    131 F. Supp. 2d 995 (N.D. Ill. 2001)   Cited 13 times
    Finding that a doctor's review of medical records is sufficient to form a reliable expert opinion

  10. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,649 times   255 Legal Analyses
    Adopting the Daubert standard

  11. Rule 703 - Bases of an Expert's Opinion Testimony

    Fed. R. Evid. 703   Cited 4,719 times   26 Legal Analyses
    Explaining that facts or data of a type upon which experts in the field would reasonably rely in forming an opinion need not be admissible in order for the expert's opinion based on the facts and data to be admitted

  12. Section 2A:53A-41 - Requirements for person giving expert testimony, executing affidavit

    N.J. Stat. § 2A:53A-41   Cited 115 times   2 Legal Analyses
    Establishing the "[r]equirements for person giving expert testimony" in "an action alleging medical malpractice"