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· 4/6/2010

Guinn v. ASTRAZENECA PHARMACEUTICALS LP

Citations

  • 602 F.3d 1245
  • 602 F. Supp. 3d 1245
  • 82 Fed. R. Serv. 325
  • 2010 U.S. App. LEXIS 7076
  • 2010 WL 1286947

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • granting summary judgment in the absence of expert testimony as to specific causation
  • “[U]sing temporal proximity to establish causation ‘is not an exercise in scientific logic but in the fallacy of post-hoc propter-hoc reasoning, which is unacceptable in science as in law.’” (quoting Black v. Food Lion, Inc., 171 F.3d 308, 313 (5th Cir. 1999))
  • similarly concluding that expert “testimony was unreliable because her conclusions were not logically supported by the facts of this case”
  • “[A]n expert must provide some explanation of why other potential causes were not the sole cause.” (citing Westberry v. Gislaved Gummi AB, 178 F.3d 257, 265 (4th Cir. 1999))
  • “Although the differential diagnosis technique is well accepted, a finding that all possible causes are causes does not appear to have gained general acceptance in the medical and scientific communities.”
  • “The district court did not abuse its discretion in finding that [the expert’s] differential diagnosis was unreliable under Daubert because she failed to adequately consider possible alternative causes of [Plaintiff’s medical conditions].”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dubina, Birch, Black

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.