How 'reliable' should a physician's diagnosis be? Circuits disagree over whether a doctor's causation testimony must satisfy the 'Daubert' test
Article Abstract:
Rulings' disagreements regarding whether medical causation testimony must satisfy the Daubert v. Merrell Dow Pharmaceuticals test are discussed.The US Courts of Appeals for the 3d and 5th Circuits arrived at contrary results on the application of Daubert to a physician's diagnosis and the application of Daubert factors to causation testimony based on differential diagnosis.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
User Contributions:
Comment about this article or add new information about this topic:
Post-'Daubert' notice
Article Abstract:
Using judicial notice, Federal Rule of Evidence 201(b)(2) for the presentation of evidence is discussed. The law governing the propriety of judicial notice of scientific theories is covered and rests on the 'verifiable certainty principle. Evidence for matters not in dispute at trial can be judicially noticed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
Experts are often used to establish property value; in light of the 'LaSalle' market-scrutiny test, such witnesses are key
Article Abstract:
The need for expert evidence in future Chapter 11 cases is discussed in view of the inconclusive ruling by the Supreme Court in Bank of America National Trust & Savings Ass'n v. 203 LaSalle St. Partnership is discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Ken Starr: a hard man to fire; even proof of improper tactics unlikely to satisfy tough removal statute. Lies, not leaks, real Starr issue; critics say his leak denials may have violated U.S. law
- Abstracts: Co-infringement risk rises with software patents; Federal Circuit will likely rule on whether an action for contribution can be brought against alleged patent co-infringers
- Abstracts: Results in search of reasons: state sovereign immunity in the Rehnquist Court. ADEA and the 11th Amendment: implications of Kimel
- Abstracts: Is creeping legalism infecting arbitration? Survey: a look at ADR in the entertainment industry. What your client needs to know about ADR
- Abstracts: Click-wrap licenses: the pros and cons; no court has ruled definitively on their enforceability; licensors should consider several factors in determining optimal use