Legal Opinion
Daubert v. Merrell Dow Pharmaceuticals, Inc.
Court of Appeals for the Ninth Circuit
Decided January 4, 1995No. 90-55397PublishedCited by 320 opinions
1Opinion of the Court
KOZINSKI, Circuit Judge.
On remand from the United States Supreme Court, we undertake “the task of ensuring that an expert’s testimony both rests on a reliable foundation and is relevant to the task at hand.” Dauberb v. Merrell Dow Pharmaceuticals, Inc., — U.S. -, -, 113 S.Ct. 2786, 2799, 125 L.Ed.2d 469 (1993).
I
A. Background
Two minors brought suit against Merrell Dow Pharmaceuticals, claiming they suffered limb reduction birth defects1 because their mothers had taken Bendectin, a drug prescribed for morning sickness to about 17.5 million pregnant women in the United States between 1957 and…
2Cases cited18 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994
- Mr. And Mrs. Floyd Brock, Individually and as Next Friend of Rachel Brock, a Minor v. Merrell Dow Pharmaceuticals, Inc.Court of Appeals for the Fifth Circuit · 1989
- United States v. Daniel Joe ChischillyCourt of Appeals for the Ninth Circuit · 1994
13 more not listed; retrieve them via the Exa API.
3Cited by320 opinions
- Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
- EI Du Pont De Nemours & Co. v. RobinsonTexas Supreme Court · 1996
- United States v. Richard Junior FrazierCourt of Appeals for the Eleventh Circuit · 2004
- Moore v. Ashland Chemical Inc.Court of Appeals for the Fifth Circuit · 1998
- John Eric Thomas, and Wife, Heather Thomas v. City of Chattanooga, TennesseeCourt of Appeals for the Sixth Circuit · 2005
315 more not listed; retrieve them via the Exa API.