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Quoted verbatim 8×
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“omething doesn't become 'scientific knowledge' just because it's uttered by a scientist; nor can an expert's self-serving assertion that his conclusions were 'derived by the scientific method' be deemed conclusive....”
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995
2010
2026
Top citers, strongest first. 42 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
In Re: TMI Litigation
omething doesn't become 'scientific knowledge' just because it's uttered by a scientist; nor can an expert's self-serving assertion that his conclusions were 'derived by the scientific method' be deemed conclusive....
discussed
Cited "see"
Wagoner v. Exxon Mobil Corp.
See Daubert v. Merrell Dow Pharm., Inc., 43 F.3d 1311 , 1319 & n. 11 (9th Cir.1995), ce rt. denied, 516 U.S. 869 , 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995) (noting that the key under Daubert is whether "a recognized minority” accepts a theory or methodology as valid). 12 .
cited
Cited "see"
Pritchard v. Dow Agro Sciences
See Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1320 (9th Cir.), cert denied, 516 U.S. 869 , 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995); see also In re W.R.
discussed
Cited "see"
Pete Marin III v. State
See Daubert v. Merrell Dow Pharm., Inc. , 516 U.S. 869 , 116 S. Ct. 189 (1995); Jordan v. State , 928 S.W.2d 550, 554 (Tex. Crim.
cited
Cited "see"
McConaghy v. Sequa Corp.
See Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311 , 1319 n. 10 (9th Cir. 1995), cert. denied, 516 U.S. 869 , 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995); see also G.
cited
Cited "see"
Coalition for Long Point Preservation and Mr. and Mrs. William Sutton v. Texas Commission on Environmental Quality and Long Point Partners, L.L.P.
See id. (citing Daubert v. Merrell Dow Pharms., Inc. , 43 F.3d 1311 , 1316 (9th Cir. 1995) (on remand), cert. denied , 516 U.S. 869 , 116 S. Ct. 189 (1995).
cited
Cited "see"
Coalition for Long Point Preservation and Mr. and Mrs. William Sutton v. Texas Commission on Environmental Quality and Long Point Partners, L.L.P.
See id. (citing Daubert v. Merrell Dow Pharms., Inc., 43 F.3d 17 1311, 1316 (9th Cir. 1995) (on remand), cert. denied, 516 U.S. 869 , 116 S. Ct. 189 (1995).
cited
Cited "see"
Coalition for Long Point Preservation v. Texas Commission on Environmental Quality
See id. (citing Daubert v. Merrell Dow Pharms., Inc., 43 F.3d 1311 , 1316 (9th Cir.1995) (on remand), ce rt. denied, 516 U.S. 869 , 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995)).
discussed
Cited "see"
Newton v. Roche Laboratories, Inc.
See Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1317 (9th Cir.), cert. denied, 516 U.S. 869, 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995) (“One very significant fact to be considered is whether the experts are proposing to testify about matters growing naturally and directly out of research they have conducted independent of the litigation, or whether they have developed their opinions expressly for purposes of testifying.”).
discussed
Cited "see"
United States v. Ray
“While probable cause itself is a relatively low threshold of proof, it is a higher standard than ‘reasonable belief, which is, as everyone agrees, the appropriate standard.” Valdez v. McPheters, 172 F.3d at 1227 n. 5 (citation omitted). “[T]he officers’ assessment need not in fact be correct; rather, they need only ‘reasonably believe’ that the suspect resides at the dwelling to be searched and is currently present at the dwelling.” United States v. Risse, 83 F.3d 212, 216 (8th Cir.1996) (citations omitted); see Valdez, 172 F.3d at 1225 . “‘The facts and circumstances with…
discussed
Cited "see"
Estate of Coggins Ex Rel. Madis v. Wagner Hopkins, Inc.
See Garner v. Capital Blue Cross, 859 F.Supp. 145, 150 (M.D.Pa.1994) (because plaintiff did not actually incur medical expenses, restitution would be inappropriate), aff'd, 52 F.3d 314 (3d Cir.), cert. denied, 516 U.S. 870 , 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995).
discussed
Cited "see"
United States v. Meindl
In Payton , the Supreme Court also decided that “an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within.” 445 U.S. at 603-04 , 100 S.Ct. 1371 . “ ‘Because an arrest warrant authorizes the police to deprive a person of his liberty, it necessarily also authorizes a limited invasion of that person’s privacy interest when it is necessary to arrest him in his home.’ ” Valdez v. McPheters, 172 F.3d 1220, 1224 (10th Cir.1999) (quoting Steagald v. Uni…
discussed
Cited "see"
United States v. Joseph Lovelock
Accord United States v. Magluta, 44 F.3d 1530, 1535 (11th Cir.) (reversing grant of motion to suppress, stating that “in order for law enforcement officials to enter a residence to execute an arrest warrant for a resident of the premises, the facts and circumstances within the knowledge of the law enforcement agents, when viewed in the totality, must warrant a reasonable belief that the location to be searched is the suspect’s dwelling, and that the suspect is within the residence at the time of entry”), cert. denied 516 U.S. 869 , 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995).
discussed
Cited "see"
Smith v. Belle Bonfils Memorial Blood Center
See Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311 (9th Cir.1995), cert. denied, 516 U.S. 869 , 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995) (proceedings after remand) (where opposing party raises a material dispute regarding admissibility of expert scientific evidence, court must hold a hearing).
discussed
Cited "see"
Adams v. Indiana Bell Telephone Co., Inc.
See Daubert v. Merrell Dow Pharm., Inc., 43 F.3d 1311 , 1316 (9th Cir.), cert. den., 516 U.S. 869 , 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995) (party presenting expert must show that expert’s findings are based on sound scientific method).
examined
Cited "see"
Merrell Dow Pharmaceuticals, Inc. v. Havner
(4×)
also: Cited "see, e.g."
See generally Daubert v. Merrell Dow Pharms., Inc., 43 F.3d 1311 , 1320 n. 13 (9th Cir.) (on remand), cert. denied, — U.S. -, 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995).
discussed
Cited "see"
McDaniel v. CSX Transportation, Inc.
See Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311 (9th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995); DeLuca v. Merrell Dow Pharmaceuticals, Inc., 791 F.Supp. 1042 (D.N.J.1992), aff'd, 6 F.3d 778 (3rd Cir.1993).
discussed
Cited "see"
47 Fed. R. Evid. Serv. 1048, 97 Cal. Daily Op. Serv. 7173, 97 Daily Journal D.A.R. 11,560 United States of America v. Sally Anne Croft, United States of America v. Susan Hagan
See Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1315 (9th Cir.), cert. denied, 516 U.S. 869 , 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995) 4 We have recently held that the Supreme Court's decision in Daubert did overrule Brown's per se prohibition against unstipulated polygraph evidence.
cited
Cited "see"
United States v. Croft
See Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1315 (9th Cir.), cert. denied, -U.S. -, 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995). .
cited
Cited "see"
Lust ex rel. Lust v. Merrell Dow Pharmaceuticals, Inc.
See Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1315 (9th Cir.), cert. denied, - U.S. 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995).
cited
Cited "see"
45 Fed. R. Evid. Serv. 149, prod.liab.rep. (Cch) P 14,674, 96 Cal. Daily Op. Serv. 5160, 96 Daily Journal D.A.R. 8334 Peter Alexander Lust, by and Through Peter Lust, His Guardian Ad Litem v. Merrell Dow Pharmaceuticals, Inc., a Corporation Does 1-20, Inclusive
See Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1315 (9th Cir.), cert. denied, --- U.S. ----, 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995).
discussed
Cited "see"
De Jager Construction, Inc. v. Schleininger
See Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1316 (9th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995); Muzzey v. Kerr-McGee Chemical Corp., 921 F.Supp. 511, 518 (N.D.Ill.1996).
discussed
Cited "see"
Gentry v. Mangum
See Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1319-20 (9th Cir.), cert. denied, - U.S. -, 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995) (the affidavit of another expert was insufficient to prove causation in terms of the "more likely than not” standard enforced by the substantive law of California under the expert's own statistical methodology). 6 .
discussed
Cited "see, e.g."
People v. Downey
(See People v. Zapien (1993) 4 Cal.4th 929, 989 [ 17 Cal.Rptr.2d 122 , 846 P.2d 704 ].) To borrow from the District of Columbia Circuit’s observation, “[w]e think it more likely . . . that the Supreme Court in Payton used a phrase other than ‘probable cause’ because it meant something other than ‘probable cause.’ ” (U.S. v. Thomas, supra, 429 F.3d at p. 286 ; see also U.S. v. Magluta, supra, 44 F.3d at p. 1534 [“[t]he strongest support for a lesser burden than probable cause remains the text of Payton , and what we must assume was a conscious effort on the part of the Supreme C…
discussed
Cited "see, e.g."
Duran v. State
(2×)
Circuit's observation, "We think it more likely ... that the Supreme Court in Pay-ton used a phrase other than 'probable cause' because it meant something other than 'probable cause."" Thomas, 429 F.3d at 286 ; see also United States v. Magluta, 44 F.3d 1530, 1534 (11th Cir.1995) ("The strongest support for a lesser burden than probable cause remains the text of Payton, and what we must assume was a conscious effort on the part of the Supreme Court in choosing the verbal formulation of 'reason to believe' over that of 'probable cause.' "), cert. denied, 516 U.S. 869 , 116 S.Ct. 189 , 133 L.Ed.…
discussed
Cited "see, e.g."
Simpson v. Quarterman
May field and Allen in 2008. 16 Finders of fact are cautioned to consider the possible bias of an expert witness “including any bias you may infer from evidence that the expert witness has been or will be paid for reviewing the case and testifying, or from evidence that he testifies regularly as an expert witness and his income from such testimony represents a significant portion of his income.” Fifth Circuit Pattern Jury Instructions—Civil Cases, Pattern Instruction 2.19, pg. 23 (2006); see also Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1317 (9th Cir.1995), cert. denie…
cited
Cited "see, e.g."
Loeffel Steel Products, Inc. v. Delta Brands, Inc.
See, e.g., Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311 , 1317 n. 4 (9th Cir.) (Kozinski, J.), cert. denied, 516 U.S. 869 , 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995).
cited
Cited "see, e.g."
Roderic R. McDowell v. Pernell Brown
Fed.R.Evid. 702; see, e.g., Daubert v. Merrell Dow Pharm., 43 F.3d 1311, 1316 (9th Cir.), cert. denied, 516 U.S. 869 , 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995) CDaubert II).
discussed
Cited "see, e.g."
Soldo v. Sandoz Pharmaceuticals Corp.
Fed.R.Evid. 702; see, e.g., Daubert v. Merrell Dow Pharm., 43 F.3d 1311, 1316 (9th Cir.), cert. denied, 516 U.S. 869 , 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995) (Daubert II). 9.In challenging plaintiffs proposed expert testimony, defendant is not required to come forward with “scientific evidence” negating plaintiffs claims.
discussed
Cited "see, e.g."
Morgan v. State
United States v. Lauter, 57 F.3d 212, 215 (2d Cir.1995); see also United States v. Magluta, 44 F.3d 1530, 1535 (11th Cir.), cert. denied, 516 U.S. 869 , 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995)(emphasis added).
cited
Cited "see, e.g."
Lakie v. SmithKline Beecham
See also Daubert v. Merrell Dow Pharmaceuticals, Inc., *57 43 F.3d 1311 , 1318 n. 9 (9th Cir.), cert. denied, — U.S. -, 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995).
discussed
Cited "see, e.g."
Paul W. Anderson, Jr. And Joyce Anderson v. Stan Campbell Casey Owens Steve Whitson and Greg Valencia
United States v. Risse, 83 F.3d 212, 216 (8th Cir.1996) (quoting United States v. Lauter, 57 F.3d 212, 215 (2d Cir.1995); see also United States v. Magluta, 44 F.3d 1530, 1535 (11th Cir.) (same), cert. denied, 116 S.Ct. 189 (1995). "[T]he officers' assessment need not in fact be correct; rather, they need only 'reasonably believe' that the suspect resides at the dwelling to be searched and is currently present at the dwelling." Risse, 86 F.3d at 216; see also Lauter, 57 F.3d at 215 (rejecting argument that "reason to believe" standard is the equivalent of "probable cause"); Magluta, 44 F.3d at…
discussed
Cited "see, e.g."
Anderson v. Campbell
United States v. Risse, 83 F.3d 212, 216 (8th Cir. 1996) (quoting United States v. Lauter, 57 F.3d 212, 215 (2d Cir. 1995); see also United States v. Magluta, 44 F.3d 1530, 1535 (11th Cir.) (same), cert. denied, 116 S. Ct. 189 (1995). “[T]he officers’ assessment need not in fact be correct; rather, they need only ‘reasonably believe’ that the suspect resides at the dwelling to be searched and is currently present at the dwelling.” Risse, 86 F.3d at 216; see also Lauter, 57 F.3d at 215 (rejecting argument that “reason to believe” standard is the equivalent of “probable cause”)…
discussed
Cited "see, e.g."
United States of America, Appellee/cross-Appellant v. Larry Risse, Appellant/cross-Appellee
United States v. Lauter, 57 F.3d 212, 215 (2d Cir.1995); see also United States v. Magluta, 44 F.3d 1530, 1535 (11th Cir.) (same), cert. denied, — U.S. -, 116 S.Ct. 189 , 133 L.Ed.2d 126 (1995); Perez v. Simmons, 998 F.2d 775, 776 (9th Cir.1993) (same).
discussed
Cited "see, e.g."
United States v. Larry Risse
United States v. Lauter, 57 F.3d 212, 215 (2d Cir. 1995); see also United States v. Magluta, 44 F.3d 1530 , 1535 (11th Cir.) (same), cert. denied, 116 S. Ct. 189 (1995); Perez v. Simmons, 998 F.2d 775, 776 (9th Cir. 1993) (same).
Retrieving the full opinion text from the archive…
Magluta
v.
United States
v.
United States
No. 95-200.
Supreme Court of the United States.
Oct 2, 1995.
Cited by 1 opinion | Published
Citer courts: Ninth Circuit (2) · C.D. California (2) · Third Circuit (1) · W.D. North Carolina (1) · N.D. Oklahoma (1) · E.D. Washington (1)
C. A. 11th Cir. Certiorari denied.