McNeel v. Union Pacific R. Co.

How courts have described this case

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

• acknowledging that many courts have determined that multiple-chemical sensitivity is a “controversial diagnosis unsupported by sound scientific reasoning or methodology”
• preliminary assessment of whether reasoning or methodology underlying testimony is valid and can be properly applied to facts in issue establishes standard of evidentiary reliability
• preliminary assessment of whether reasoning or methodology underlying testimony is valid and can be properly applied to facts in issue establishes standard of evidentiary reliability
• only intentional destruction of relevant evidence will support inference that evidence would have been unfavorable to spoliator; inference does not arise where destruction was matter of routine with no fraudulent intent
• “In Nebraska, the proper remedy for [intentional] spoliation of evidence is an adverse inference instruction.”
• preliminary assessment of whether reasoning or methodology underlying testimony is valid and can be properly applied to facts in issue establishes standard of evidentiary reliability

Source: CourtListener parenthetical corpus (CC0).