Legal Opinion

Willert v. Ortho Pharmaceutical Corp.

District Court, D. Minnesota

Decided February 25, 1998No. 5:96-cv-00233PublishedCited by 14 opinions

1Opinion of the Court

ORDER

ROSENBAUM, District Judge.

Defendant seeks to exclude the testimony of plaintiffs’ expert witness in this medical products liability case. Defendant’s motion is premised on the United States Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). In the event the expert’s opinion is excluded, defendant asks for an award of summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure. The Court heard oral argument on February 18,1998. Defendant’s motions are granted.

I. Background

For the purposes of…

2Cases cited10 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  4. Hartnagel v. NormanCourt of Appeals for the Eighth Circuit · 1992
  5. City of Mt. Pleasant, Iowa v. Associated Electric Cooperative, Inc. Central Electric Power Cooperative Northeast Missouri Electric Power Cooperative Tri-County Electric Cooperative Association MacOn Electric Cooperative and Ralls County Electric Cooperative, City of Mt. Pleasant, Iowa v. Associated Electric Cooperative, Inc. Central Electric Power Cooperative Northeast Missouri Electric Power Cooperative Tri-County Electric Cooperative Association MacOn Electric Cooperative and Ralls County Electric CooperativeCourt of Appeals for the Eighth Circuit · 1988

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3Cited by14 opinions

  1. Allison v. McGhan Medical Corp.Court of Appeals for the Eleventh Circuit · 1999
  2. In Re Breast Implant LitigationDistrict Court, D. Colorado · 1998
  3. Delores Turner etc. v. Iowa Fire EquipmentCourt of Appeals for the Eighth Circuit · 2000
  4. Delores F. Turner Russell Turner v. Iowa Fire Equipment Company, an Iowa Corporation, - Iowa Fire Equipment Company, Third Party v. Kidde-Fenwal, Inc. Third PartyCourt of Appeals for the Third Circuit · 2000
  5. Siharath v. Sandoz Pharmaceuticals Corp.District Court, N.D. Georgia · 2001

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