general reliability test (Texas) · Go Syfert
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general reliability test in Texas

8 Texas opinions name it 1 courts 1997–2024 1 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Gammill v. Jack Williams Chevrolet, Inc.green
tex · 1998 · cited in 6 Texas opinions naming this issue, 2001–2024
2 sentences

2024See DaimlerChrysler Motors Co. v. Manuel, 362 S.W.3d 160, 190 (Tex. App.—Fort Worth 2012, no pet.) (citing Gammill, 972 S.W.2d at 726 ).

2024Gammill, 972 S.W.2d at 725–26.

56
EI Du Pont De Nemours & Co. v. Robinsongreen
tex · 1996 · cited in 5 Texas opinions naming this issue, 2001–2015
2 sentences

2015Compare Robinson, 923 S.W.2d at 556 (relying on Daubert and identifying six nonexclusive factors for determining whether scientific evidence is reliable), with Gammill v. Jack Williams Chevrolet, Inc., 972 S.W.2d 713, 726 (Tex.1998) (holding factors listed in Daubert and Robinson cannot be applied to all expert testimony, but general requirements of Texas Rule of Evidence 702 for reliability still require trial court to determine whether testimony is supported by more than credentials and ipse dixit of expert and to ensure that opinion comports with applicable professional standards and has a

2012Compare Robinson, 923 S.W.2d at 556 (relying on Daubert and identifying six nonexclusive factors for determining whether scientific evidence is reliable), with Gammill v. Jack Williams Chevrolet, Inc., 972 S.W.2d 713, 726 (Tex.1998) (holding factors listed in Daubert and Robinson cannot be applied to all expert testimony, but general requirements of Texas Rule of Evidence 702 for reliability still require trial court to determine whether testimony is supported by more than credentials and ipse dixit of expert and to ensure that opinion comports with applicable professional standards and has a

55
DaimlerChrysler Motors Co., LLC v. Manuelgreen
texapp · 2012 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See DaimlerChrysler Motors Co. v. Manuel, 362 S.W.3d 160, 190 (Tex. App.—Fort Worth 2012, no pet.) (citing Gammill, 972 S.W.2d at 726 ).

11
In Re DSgreen
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015In cases such as this, Gammill directs us to determine whether there is an ″analytical gap’ between the expert’s opinion and the basis on which it is founded.″); In re D.S., 19 S.W.3d 525, 529 (Tex. App. - Fort Worth 2000, no pet.) (″Because Dr. Hunt’s opinion concerning the cause of D.S.’s burns is not the type of evidence that can be readily evaluated under the Daubert factors, we will apply the more general reliability test espoused in Gammill.″).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Brazil v. KHATERyellow
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015But see Brazil v. Khater, 223 S.W.3d 418, 421 (Tex. App. - Amarillo 2006, pet. denied) (rejecting argument that Robinson factors were necessarily inapplicable to physician’s testimony under Gammill). 1481 Crump, 330 S.W.3d at 217.

11

Also cited on this issue (1)

CaseCitedYears
Daubert v. Merrell Dow Pharmaceuticals, Inc. green
scotus · 1993
2 sentences

1997Nevertheless, Williams urges us to hold that the screening process may only follow the precepts of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 589-90 , 113 S.Ct. 2786, 2795 , 125 L.Ed.2d 469 (1993).

1997Nevertheless, Williams urges us to hold that the screening process may only follow the precepts of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 589-90 , 113 S.Ct. 2786, 2795 , 125 L.Ed.2d 469 (1993).

11997–1997

Statutes the citing opinions construe

TX § Tex. Occ. Code § 2301.001 (4) TX § Tex. Occ. Code § 2301.002 (4) TX § Tex. Occ. Code § 2301.652 (4) USC § 15u.s.c.1221 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 8 (1997–2024) IL 4 (2005–2005) WY 2 (2004–2007) WA 2 (2007–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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