34 Cited authorities

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 26,464 times 228 Legal Analyses
Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
Kumho Tire Co. v. Carmichael
526 U.S. 137 (1999) Cited 12,693 times 30 Legal Analyses
Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"
General Electric Co. v. Joiner
522 U.S. 136 (1997) Cited 4,892 times 42 Legal Analyses
Holding that under the abuse of discretion standard the appellate court will not reverse unless the ruling is manifestly erroneous
Daubert v. Merrell Dow Pharmaceuticals, Inc.
43 F.3d 1311 (9th Cir. 1995) Cited 1,288 times 4 Legal Analyses
Holding that expert testimony was inadmissible based on its unreliable methodology notwithstanding "the impressive qualifications of plaintiffs' experts"
Avila v. Willits Environ. Remediation Trust
633 F.3d 828 (9th Cir. 2011) Cited 418 times 1 Legal Analyses
Holding that the district "court did not abuse its discretion" when excluding declarations "because they were untimely" and not "otherwise admissible"
Claar v. Burlington Northern R. Co.
29 F.3d 499 (9th Cir. 1994) Cited 447 times 2 Legal Analyses
Holding that, in order to avoid summary judgment, the plaintiffs in a FELA action were required to produce expert testimony that exposure to chemicals played a part in causing their injuries
Viner v. Sweet
30 Cal.4th 1232 (Cal. 2003) Cited 305 times 1 Legal Analyses
Finding that a plaintiff must show "but for the alleged malpractice, it is more likely than not that the plaintiff would have obtained a more favorable result"
Clausen v. M/V New Carissa
339 F.3d 1049 (9th Cir. 2003) Cited 285 times 5 Legal Analyses
Holding that a right to damages is substantive and governed by state law in a diversity action because the remedy "is inseparably connected with the right of action"
L.A. Cnty. Dep't of Children & Family Servs. v. William C. (In re Ethan C.)
54 Cal.4th 610 (Cal. 2012) Cited 143 times
Examining Oxford English Dictionary and Black's Law Dictionary to construe the word “neglect”
Brown v. Superior Court
44 Cal.3d 1049 (Cal. 1988) Cited 283 times 4 Legal Analyses
Holding manufacturers immune from strict liability for pharmaceutical design defects
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,185 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,863 times 261 Legal Analyses
Adopting the Daubert standard

Wendell et al v. Johnson & Johnson et al

34 Cited authorities

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"

Holding that under the abuse of discretion standard the appellate court will not reverse unless the ruling is manifestly erroneous

Holding that expert testimony was inadmissible based on its unreliable methodology notwithstanding "the impressive qualifications of plaintiffs' experts"

Holding that the district "court did not abuse its discretion" when excluding declarations "because they were untimely" and not "otherwise admissible"

Holding that, in order to avoid summary judgment, the plaintiffs in a FELA action were required to produce expert testimony that exposure to chemicals played a part in causing their injuries

Finding that a plaintiff must show "but for the alleged malpractice, it is more likely than not that the plaintiff would have obtained a more favorable result"

Holding that a right to damages is substantive and governed by state law in a diversity action because the remedy "is inseparably connected with the right of action"

Examining Oxford English Dictionary and Black's Law Dictionary to construe the word “neglect”

Holding manufacturers immune from strict liability for pharmaceutical design defects

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Adopting the Daubert standard