Tag Archives: Expert Testimony

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

Sixth Circuit Rejects Two More Expert Opinions

Maintaining the trend we reported before, the Sixth Circuit has rejected the expert opinions offered by plaintiff in Simmons v. Novartis Pharmaceuticals Corp., No. 11-5053.  The case is part of the multidistrict ligation (MDL) proceedings in relation to Zometa and Aredia, drugs used to treat bone problems in cancer patients and produced by Novartis. To make her case, the … 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