Legal Opinion

Bob T. Moore and Susan Moore v. Ashland Chemical, Inc. And Ashland Oil, Inc.

Court of Appeals for the Fifth Circuit

Decided November 12, 1997No. 95-20492PublishedCited by 41 opinions

1Opinion of the Court

DENNIS, Circuit Judge:

In this negligence case, we are called upon to determine the standards for assessing the reliability of the proffer of a clinical physician’s expert opinion as to the cause of a plaintiffs disease in the light of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). We conclude that: (1) the basic principles of the Federal Rules of Evidence recognized by Daubert apply to the admission or exclusion of every type of expert testimony; (2) a trial judge, therefore, must assess every proffer of expert testimony to determine…

2Cases cited79 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  3. Hamling v. United StatesSupreme Court of the United States · 1974
  4. Bourjaily v. United StatesSupreme Court of the United States · 1987
  5. Rock v. ArkansasSupreme Court of the United States · 1987

74 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Moore v. Ashland Chemical Inc.Court of Appeals for the Fifth Circuit · 1998
  2. Nenno v. StateCourt of Criminal Appeals of Texas · 1998
  3. Richard Walker v. Soo Line Railroad CompanyCourt of Appeals for the Seventh Circuit · 2000
  4. Mitchell v. United StatesCourt of Appeals for the First Circuit · 1998
  5. Coastal Tankships, U.S.A., Inc. v. Anderson, Texas Court of Appeals, 1st District (Houston)2002

36 more not listed; retrieve them via the Exa API.

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