Tag Archives: Daubert

Close Call on Daubert Question

In an opinion filed on December 16, the Sixth Circuit discussed a Daubert question that the court declared to be a “close call,” but ultimately agreed with the district court’s finding that the expert testimony was admissible. The Daubert issue was on appeal as part of a complex case that involved a claim made by … Continue Reading

Daubert in the Sixth Circuit

In February of 2014, we posted an analysis of the Sixth Circuit’s dealings with Daubert claims dating back to 2010. Over that four year period, the Sixth Circuit reversed fives cases on the basis of the district court’s application of Daubert v. Merrell Dow Pharmaceuticals. In four of the five reversed cases, the Sixth Circuit … Continue Reading

Sixth Circuit Affirms Exclusion of Damages Expert

The Sixth Circuit continued its string of Daubert decisions with ASK Chemicals v. Computer Packages, Inc.  The only issue in the case was the amount of damages caused by the untimely expiration of a patent owned by ASK Chemicals after Computer Packages failed to pay the maintenance fees in Japan.  The opinion affirms the district … Continue Reading

Noting Sixth Circuit Trend, District Court Admits “Human Factors” Expert Testimony In Products Liability Class Action

We have posted in the past about how, since 2010, the Sixth Circuit has been far more likely to reverse an exclusion of Daubert testimony than a district court’s decision to admit such testimony (although admittedly the sample size is small).  And about two weeks ago, we posted on an additional reversal of a district … Continue Reading

Sixth Circuit Daubert Reversals Since 2010

In 2010 and 2011, Daubert became a hot issue in the Sixth Circuit after the court reversed a $20.5 million verdict, and then followed that decision up with a line of cases further expounding Daubert’s requirements.  Although perhaps less publicized, this trend continued into 2012.  Therefore, we thought it would be informative to look back … Continue Reading

Sixth Circuit Reverses Summary Judgment, Finds Expert Testimony Improperly Excluded by District Court

As we reported last week, a trend has emerged in the Sixth Circuit with expert witnesses facing difficult challenges so far this year.  Recently, however, one expert survived the more rigorous scrutiny. In V&M Star Steel v. Centimark Corporation, (No. 10-3584) (V&M Star Steel.pdf), V&M sued Centimark Corporation (“Centimark”) alleging breach of contract and negligence stemming … Continue Reading

Sixth Circuit Continues to Carefully Scrutinize Experts

Continuing a recent trend in the Sixth Circuit, expert witnesses have faced difficult challenges so far this year.  As we reported, in 2010, the court issued its decision in Tamraz v. Lincoln Electric Company.pdf, 620 F.3d 665 (6th Cir. 2010), which indicated a renewed emphasis on the court’s gate-keeping role in the context of Daubert challenges.  In 2011, the … Continue Reading

Sixth Circuit Continues Daubert Trend

Adding to line of cases that started a year ago with Tamraz v. Lincoln Elec. Co., 620 F.3d 665 (6th Cir. 2010) (discussed here), the Sixth Circuit has again tightened the requirements for expert testimony under Rule 702 and Daubert in Thomas v. Novartis Pharmaceuticals Corp.pdf, Nos. 09-6147, 09-6272, 09-6274.  As previously reported last September, a … Continue Reading

The Higher Standard For Expert Causation Testimony Is Here To Stay: The Supreme Court Denies Certiorari in Tamraz v. Lincoln Electric Company

We have previously posted on the welding-rod case Tamraz v. Lincoln Electric Company, and the new, higher standard for expert causation testimony under Daubert.  We reported that on the plaintiff’s cert petition here.  The Supreme Court has now denied the plaintiff’s petition for certiorari.  The case, which had resulted in a $20.5 million verdict, will … Continue Reading

Will the Court Review Recent Daubert Decision En Banc?

Counsel for plaintiffs in the Tamraz v. Lincoln Electric Company (pdf) has filed a petition for en banc review of the Court’s recent reversal of his $20.5 million verdict.  In their petition, the plaintiffs claim that the majority (1) did not properly apply an abuse of discretion standard to the trial judge’s decision to admit the expert testimony at issue, … Continue Reading

Divided Daubert Decision Could Have Wide-Reaching Repercussions

In an end-of-the-summer blockbuster, the Sixth Circuit addressed the “often-elusive line between admissible opinion and inadmissible speculation under Rule 702.”  The case could have significant ramifications for products liability cases, particularly in the MDL setting.  Not only does this decision overturn a jury verdict of $20.5 million, but it also signals an uphill battle for plaintiffs seeking to rely upon … Continue Reading