· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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