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Court Documents by Topic
Admissibility of Scientific Evidence
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Baker Valley Lumber, Inc. v. Ingersoll-Rand Co., 46 ATLA
L. Rep. 96 (Apr. 2003) (plaintiffs appellate brief arguing
that a trial court erred when it disqualified an expert based
on a test that focused partly on the reliability of the experts
conclusions under Frye v. United States, rather than solely
on the reliability of the methodology under Daubert). No.
LR3905.
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Bambauer v. Wood, 44 ATLA L. Rep. 265 (Sept. 2001) (plaintiffs
affidavit and memorandum of law in support of motion in limine,
defense experts accident reconstruction analysis, and the
courts ruling excluding the experts opinion that an
automobile driver would not have been injured in a collision had
he been wearing a seat belt). No. LR3764.
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Bonner v. ISP Techs., Inc., 44 ATLA L. Rep. 323 (Oct.
2001) (plaintiffs petition, trial brief, and memoranda opposing
defendants motions to exclude testimony; depositions of
plaintiffs experts; and the courts order on Daubert
motions in a case in which a jury found for a woman who suffered
neurological deficits after being sprayed with a solvent containing
gammbutyrolactrone). No. LR3652.
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Clemens v. Gillum, 41 ATLA L. Rep. 262 (Sept. 1998) (plaintiffs'
motion in limine and the court's opinion in an obstetrics medical
negligence case ruling that a defense expert's opinion was precluded
under the Frye test). No. LR3267.
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Compton v. Subaru, 40 ATLA L. Rep. 103 (Apr. 1997) (the
parties appellate briefs, an amicus brief, petition for
rehearing and response in a case holding Daubert is inapplicable
to testimony based on an expert witnesss experience or training).
No. PL644.
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Dodge v. Cotter Corp., 45 ATLA L. Rep. 109 (Apr. 2002)
(plaintiffs motion for partial collateral estoppel and opposition
to defendants motion for summary judgment based on Daubert
in a case in which a jury found that a uranium mill mishandled
hazardous waste when it allowed the materials to leach into groundwater).
No. LR3837.
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Green v. Smith & Nephew AHP, Inc., 41 ATLA L. Rep.
186 (June 1998) (the parties briefs on defendant's motions
for summary judgment and to exclude evidence in a case involving
an allergic reaction to latex gloves). No. LR3675.
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In re Joint E. & S. Dist. Asbestos Litig. (Maiorana v.
U.S. Mineral Prods. Co.), 38 ATLA L. Rep. 228 (Aug. 1995)
(plaintiffs appellate briefs in a case holding that Daubert
does not change the standards for judging the sufficiency of evidence).
No. LR2444.
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Joiner v. Gen. Elec. Co., 39 ATLA L. Rep. 242 (Aug. 1996)
(the plaintiffs briefs and the court order in a case holding
the correctness of a scientific experts conclusions should
be left to a jury). No. LR2770.
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Kittleson v. Sandoz Pharm. Corp., 43 ATLA L. Rep. 276
(Sept. 2000) (transcript of proceedings, motion for summary judgment,
opposition to motion for summary judgment, and reply memorandum
in support of motion for summary judgment in a case holding that
plaintiffs expert testimonywhich relied on case reports,
the temporal relationship between drug and incident, animal studies,
and inferences based on similar drugsis admissible under
Daubert). No. LR3605.
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Pinsker v. Cohen, 41 ATLA L. Rep. 56 (Mar. 1998) (the
courts opinion and an experts deposition in a case
holding a defense biomechanic experts testimony was inadmissible
under Frye). No. LR3172.
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State v. Phillips, 48 ATLA L. Rep. 48 (Mar. 2005) (the
state's complaint and amended complaint alleging vehicular homicide,
the state's trial memorandum, both sides' motions in limine to
exclude certain witnesses, defendant's motion for arrest of judgment
or new trial and declarations of various witnesses, the state's
response and certificates of various witnesses, defendant's trial
and sentencing memoranda, defendant's petition for review, the
state's motion to strike statements made by the defense and for
sanctions and the court's order striking the statements and imposing
sanctions, findings of fact and conclusions of law for a hearing
on the admissibility of testimony regarding accident reconstruction
software, and both sides' appellate briefs in a case holding that
expert testimony based in part on the use of accident reconstruction
software was admissible in a vehicular homicide case). No. LR4102.
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Thornton v. Caterpillar, Inc., 40 ATLA L. Rep. 103 (Apr.
1997) (defendants motion and order ruling on the motion
in a case holding Daubert standards do not apply to testimony
of an expert with specialized knowledge). No. LR2966.
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Yorston v. Bailey, 41 ATLA L. Rep. 56 (Mar. 1998) (the
courts opinion and plaintiff's motion to strike an experts
testimony in a case where a trial court excluded a defense biomechanist's
testimony because it was improper opinion testimony under Arizona's
evidence rules). No. LR3174.
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