Legal Opinion
Clausen v. M/V New Carissa
Court of Appeals for the Ninth Circuit
Decided August 12, 2003No. Nos. 01-35928, 01-36079PublishedCited by 186 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge.
“Bitter tears were shed over the slaugh-
ter
of the oyster, but as usual,
crying didn’t help.” *
In this case, involving the destruction of oyster beds which allegedly occurred as a result of an oil spill on the Oregon coast, we must determine the admissibility of expert testimony on the issue of causation.
I
Our story begins on February 3, 1999, when the M/V New Carissa, a Panama-registered and Japanese-owned freighter carrying 400,000 gallons of bunker and diesel fuel, bound for Coos Bay, Oregon, to pick up a load of wood chips, anchored two miles off the Coos Bay North…
2Cases cited37 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
- Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989
32 more not listed; retrieve them via the Exa API.
3Cited by186 opinions
- Primiano v. CookCourt of Appeals for the Ninth Circuit · 2010
- Johnny C. McClain v. Metabolife International, IncCourt of Appeals for the Eleventh Circuit · 2005
- Hendrix Ex Rel. Gp v. Evenflo Co., Inc.Court of Appeals for the Eleventh Circuit · 2010
- Cooper v. BrownCourt of Appeals for the Ninth Circuit · 2007
- United States v. Eduardo Sandoval-MendozaCourt of Appeals for the Ninth Circuit · 2006
181 more not listed; retrieve them via the Exa API.