· 4/16/2009
Best v. Lowe's Home Centers, Inc.
Citations
- 563 F.3d 171
- 2009 U.S. App. LEXIS 7900
- 2009 WL 1010883
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a causation opinion based upon a reliable differential diagnosis may satisfy the requirements of Rule 702
- recognizing a Daubert motion as an avenue for challenging the reliability and admissibility of an expert opinion
- stating that even though doctor had never before administered test and result was only one point outside the range for malingering, he used a sufficiently reliable methodology and the potential problems were best probed by cross-examination
- explaining that the Rule 702 standard and the Daubert standard “attempts to strike a balance between a liberal admissibility standard for relevant evidence on the one hand and the need to exclude misleading ‘junk science’ on the other”
- stating that district courts have an obligation to exclude “junk science”
- finding plaintiff’s expert’s differential diagnosis reliable in ruling out nine of ten other potential causes for plaintiff’s anosmia
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin, Gilman, Zouhary
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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