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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.