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
A divided panel of the Sixth Circuit held today in Lee v. Smith & Wesson Corp. that a district court abused its discretion in excluding testimony from the plaintiff’s expert that contradicted the injured plaintiff’s own account of how he was injured by an improperly discharging a Smith & Wesson revolver. The court held that … Continue Reading
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
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