7 North Carolina opinions name it 2 courts 1984–2021 2 in the last five years
The cases below were cited by North Carolina 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.
| Case | Followed | Cited |
|---|---|---|
Kumho Tire Co. v. Carmichaelgreen2 sentences2016While "[ Rule] 702 imposes a special obligation upon a trial judge to ensure that any and all scientific testimony ... is not only relevant, but reliable," Kumho Tire Co. , 526 U.S. at 147 , 119 S.Ct. at 1174 , 143 L.Ed.2d at 249 (citation and quotation marks omitted), " Daubert did not work a seachange [sic] over ... evidence law, and the trial court's role as gatekeeper is not intended to serve as a replacement for the adversary *248 system." Fed. 2016While "[ Rule] 702 imposes a special obligation upon a trial judge to ensure that any and all scientific testimony ... is not only relevant, but reliable," Kumho Tire Co. , 526 U.S. at 147 , 119 S.Ct. at 1174 , 143 L.Ed.2d at 249 (citation and quotation marks omitted), " Daubert did not work a seachange [sic] over ... evidence law, and the trial court's role as gatekeeper is not intended to serve as a replacement for the adversary *248 system." Fed. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Roush v. Kennon
green
2 sentences2021Roush v. Kennon, 188 N.C. 2021Roush v. Kennon, 188 N.C. | 2 | 2021–2021 |
Willoughby v. KENNETH W. WILKINS, MD, PA
green
2 sentences2001Willoughby, 65 N.C. 1984Willoughby, supra, 65 N.C.App. at 642 , 310 S.E.2d at 100 . | 2 | 1984–2001 |
Daubert v. Merrell Dow Pharmaceuticals, Inc.
green
2 sentences2018Any person who can qualify as an expert under that standard, which is articulated in State v. McGrady , 368 N.C. 880 , 787 S.E.2d 1 , Daubert v. Merrell Dow Pharmaceuticals, Inc. , 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), and other pertinent caselaw, can testify without having to invoke any other source of authority. 2018Any person who can qualify as an expert under that standard, which is articulated in State v. McGrady , 368 N.C. 880 , 787 S.E.2d 1 , Daubert v. Merrell Dow Pharmaceuticals, Inc. , 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), and other pertinent caselaw, can testify without having to invoke any other source of authority. | 1 | 2018–2018 |
State v. McGrady
green
2 sentences2018Any person who can qualify as an expert under that standard, which is articulated in State v. McGrady , 368 N.C. 880 , 787 S.E.2d 1 , Daubert v. Merrell Dow Pharmaceuticals, Inc. , 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), and other pertinent caselaw, can testify without having to invoke any other source of authority. 2018Any person who can qualify as an expert under that standard, which is articulated in State v. McGrady , 368 N.C. 880 , 787 S.E.2d 1 , Daubert v. Merrell Dow Pharmaceuticals, Inc. , 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), and other pertinent caselaw, can testify without having to invoke any other source of authority. | 1 | 2018–2018 |
United States v. Diaz
green
1 sentence2016And to accept defendant's premise would impose upon this Court the task of determining from a cold record whether Investigator Gullie's opinion testimony required that he be qualified as an expert in fire investigation, where neither the State nor defendant respectively sought to proffer Investigator Gullie as an expert or challenge his opinion before the trial court. "[W]e can envision few, if any, cases in which an appellate court would venture to superimpose a Daubert ruling on a cold, poorly developed record when neither the parties nor the nisi prius court has had a meaningful opportunity | 1 | 2016–2016 |
Rafaela Cortes-Irizarry v. Corporacin Insular De Seguros
green
1 sentence2016And to accept defendant's premise would impose upon this Court the task of determining from a cold record whether Investigator Gullie's opinion testimony required that he be qualified as an expert in fire investigation, where neither the State nor defendant respectively sought to proffer Investigator Gullie as an expert or challenge his opinion before the trial court. "[W]e can envision few, if any, cases in which an appellate court would venture to superimpose a Daubert ruling on a cold, poorly developed record when neither the parties nor the nisi prius court has had a meaningful opportunity | 1 | 2016–2016 |
Rucker v. High Point Memorial Hospital, Inc.
green
2 sentences2013Id. at 526 , 206 S.E.2d at 200 . 2013Id. at 526 , 206 S.E.2d at 200 . | 1 | 2013–2013 |
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.
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.