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· 9/7/2011

Rosenfeld v. Oceania Cruises, Inc.

Citations

  • 654 F.3d 1190
  • 86 Fed. R. Serv. 619
  • 2011 A.M.C. 2838
  • 2011 U.S. App. LEXIS 18550
  • 2011 WL 3903172

How courts have described this case

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

  • holding that trial court erred in excluding expert testimony ″about whether the slip resistance of the flooring posed a danger to passengers aboard″ because subject was one that was beyond knowledge and experience of average juror
  • explaining that “[a] qualified expert who uses reliable testing methodology may testify as to the safety of a defendant’s choice of flooring, determined by the surface’s coefficient of friction”
  • describing the third inquiry - assistance to the factfinder - as ″helpfulness″ rather than ″relevance″ (quoting United States v. Frazier, 387 F.3d 1244, 1260 (11th Cir. 2004))
  • admitting expert testimony characterized by the challenging party as being based on “incorrect” assumptions
  • concerning the admission of expert testimony in slip- and-fall liability case
  • “[I]n most cases, objections to the inadequacies of a study are more appropriately considered an objection going to the weight of the evidence rather than its admissibility.” (quoting Hemmings v. Tidyman’s Inc., 285 F.3d 1174, 1188 (9th Cir.2002)

Source: CourtListener parenthetical corpus (CC0).

Judges: Barkett, Wilson, Walter

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.