Legal Opinion
Carlson v. Bioremedi Therapeutic Systems, Inc.
Court of Appeals for the Fifth Circuit
Decided May 16, 2016No. 14-20691PublishedCited by 100 opinions
1Opinion of the Court
LESLIE H. SOUTHWICK, Circuit Judge:
David Carlson suffered severe injuries soon after being treated with the defendants’ product, the ProNeuroLight. He and his wife brought this products liability suit against the defendants. At trial, the defendants’ only witness was a chiropractor who had examined Carlson and had been trained to use the ProNeuroLight. We agree with the Carlsons that the district court erred in allowing that witness to give expert testimony without first making a determination about his qualifications.
We REVERSE and REMAND.
FACTUAL AND PROCEDURAL BACKGROUND
In 2010, David…
2Cases cited24 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- Douglas v. AlabamaSupreme Court of the United States · 1965
- Thomas Pipitone, and Bonnie Pipitone v. Biomatrix, Inc., Biomatrix, Inc.Court of Appeals for the Fifth Circuit · 2002
- Knight v. Kirby Inland Marine Inc.Court of Appeals for the Fifth Circuit · 2007
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3Cited by100 opinions
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- Earnest v. Sanofi US ServicesCourt of Appeals for the Fifth Circuit · 2022
- Johnson v. Thibodaux CityCourt of Appeals for the Fifth Circuit · 2018
- United States v. Deion LockhartCourt of Appeals for the Fifth Circuit · 2016
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