The Texas Tech University School of Law Digital Repository

Evidence

Show simple item record

dc.contributor.author Weninger, Robert A.
dc.date.accessioned 2010-03-12T22:15:39Z
dc.date.available 2010-03-12T22:15:39Z
dc.date.issued 2000
dc.identifier.citation 31 Tex. Tech L. Rev. 649 en_US
dc.identifier.uri http://hdl.handle.net/10601/184
dc.description.abstract The survey this year concentrates on significant Fifth Circuit decisions that further define the gatekeeping role of trial judges in determining the admissibility of expert evidence under the Supreme Court's opinions in Daubert v. Merrell Dow Pharmaceuticals and Kumho Tire Co., Ltd v. Carmichael. The Daubert standard requires that expert testimony be "scientifically valid" and that the "reasoning or methodology properly can be applied to the facts in issue." The four Fifth Circuit decisions reviewed herein illustrate the idea of Kumho Tire that Daubert reaches not only testimony on "scientific matters," but expert testimony generally. Another Fifth Circuit case during the period of this survey, Moore v. Ashland Chemical, Inc., an especially rigorous (and troubling) application of the Daubert principles in the area of clinical medicine, is not presented because the en banc decision was rendered before last year's survey was published and Moore was discussed there. In that decision, a divided en bane Fifth Circuit held that a physician cannot express an opinion on causation, however well-grounded in the principles and methodologies of clinical medicine, unless that opinion is fully corroborated by the Daubert factors. Before considering the decisions on the application of Daubert to expert testimony, however, the survey focuses on an insightful Fifth Circuit opinion in the area of judicial notice. en_US
dc.language.iso en_US en_US
dc.publisher Texas Tech Law Review
dc.relation.uri https://a.next.westlaw.com/Document/Ifb0cedd14a7111db99a18fc28eb0d9ae/View/FullText.html
dc.relation.uri https://advance.lexis.com/api/document/collection/analytical-materials/id/41F5-V910-00CT-V0R7-00000-00?context=1000516
dc.relation.uri http://heinonline.org/HOL/Page?handle=hein.journals/text31&collection=journals&index=journals/text669&id=669
dc.subject Fifth Circuit en_US
dc.subject Daubert principle en_US
dc.title Evidence en_US
dc.type Article en_US


Files in this item

Files Size Format View Description
weninger2.pdf 1.225Mb PDF View/Open weninger2

This item appears in the following Collection(s)

Show simple item record

Search ScHOLAR

Browse

My Account