evidential force principle (Texas) · Go Syfert
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evidential force principle in Texas

7 Texas opinions name it 3 courts 1973–1998 0 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 (13)

CaseFollowedCited
Frye v. United Statesred
cadc · 1923 · cited in 6 Texas opinions naming this issue, 1986–1998
2 sentences

1996Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs. 293 F. at 1014 (emphasis added). .

1996Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs. 293 F. at 1014 (emphasis added). [2] "That an expert testifies based on research he has conducted independent of the litigation provides important, objective proof that the research comports with the dictates of good scienc

36
Flanagan v. Stategreen
fla · 1993 · cited in 1 Texas opinions naming this issue, 1996–1996
1 sentence

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

11
Iacobelli Construction, Inc. v. County of Monroe, Rochester Pure Waters District, and Calocerinos & Spina Consulting Engineers, P.C.green
ca2 · 1994 · cited in 1 Texas opinions naming this issue, 1996–1996
1 sentence

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

11
People v. Wesleygreen
ny · 1994 · cited in 1 Texas opinions naming this issue, 1996–1996
2 sentences

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

11
State v. Altgreen
minnctapp · 1993 · cited in 1 Texas opinions naming this issue, 1996–1996
1 sentence

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

11
Vadala v. Teledyne Industries, Inc.green
ca1 · 1995 · cited in 1 Texas opinions naming this issue, 1996–1996
1 sentence

1996Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs. 293 F. at 1014 (emphasis added). [2] "That an expert testifies based on research he has conducted independent of the litigation provides important, objective proof that the research comports with the dictates of good scienc

11
Lappe v. American Honda Motor Co., Inc.green
nynd · 1994 · cited in 1 Texas opinions naming this issue, 1996–1996
1 sentence

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

11
State v. Carteryellow
neb · 1994 · cited in 1 Texas opinions naming this issue, 1996–1996
2 sentences

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

11
State v. Biblegreen
ariz · 1993 · cited in 1 Texas opinions naming this issue, 1996–1996
2 sentences

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

11
People v. Leahygreen
cal · 1994 · cited in 1 Texas opinions naming this issue, 1996–1996
2 sentences

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

11
Fishback v. Peoplered
colo · 1993 · cited in 1 Texas opinions naming this issue, 1996–1996
1 sentence

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

11
Daubert v. Merrell Dow Pharmaceuticals, Inc.green
ca9 · 1995 · cited in 1 Texas opinions naming this issue, 1996–1996
2 sentences

1996“That an expert testifies based on research he has conducted independent of the litigation provides important, objective proof that the research comports with the dictates of good science.” Daubert, 43 F.3d at 1317 (upon remand) (citing Huber, Galileo’s Revenge 206-09 (1991)).

1996Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs. 293 F. at 1014 (emphasis added). [2] "That an expert testifies based on research he has conducted independent of the litigation provides important, objective proof that the research comports with the dictates of good scienc

11
State v. Cauthrongreen
wash · 1993 · cited in 1 Texas opinions naming this issue, 1996–1996
2 sentences

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

1996Inc. v. County of Monroe, 32 F.3d 19, 25 (2d Cir.1994) (concluding that Daubert addressed only "junk science" cases and is inapplicable to construction litigation); Lappe v. American Honda Motor Co., 857 F.Supp. 222, 228 (N.D.N.Y.1994) (admitting expert testimony in products liability action because " Daubert only prescribes judicial intervention for expert testimony approaching the outer boundaries of traditional scientific and technological knowledge"); State v. Bible, 175 Ariz. 549, 580 , 858 P.2d 1152, 1183 (1993); People v. Leahy, 8 Cal.4th 587 , 34 Cal.Rptr.2d 663, 673 , 882 P.2d 321, 33

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

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

1998Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 585-86 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993) (citing Frye v. United States, 293 F. 1013, 1014 (D.C.Cir.1923)). .

1998Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 585-86 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993) (citing Frye v. United States, 293 F. 1013, 1014 (D.C.Cir.1923)). .

11998–1998
State v. Bohner green
wis · 1933
2 sentences

1973We think the systolic blood pressure deception test has not yet gained such standing and scientific recognition among physiological and psychological authorities as would justify the courts in admitting expert testimony deduced from the discovery, development, and experiments thus far made.” 3 In 1933 in State v. Bohner, 210 Wis. 651, 658 , 246 N.W. 314, 317 , 86 A.L.R. 611 , the Wisconsin Supreme Court wrote: “We are not satisfied that this instrument, during the ten years that have *210 elapsed since the decision in the Frye Case, has progressed from the experimental to the demonstrable stag

1973We think the systolic blood pressure deception test has not yet gained such standing and scientific recognition among physiological and psychological authorities as would justify the courts in admitting expert testimony deduced from the discovery, development, and experiments thus far made.” 3 In 1933 in State v. Bohner, 210 Wis. 651, 658 , 246 N.W. 314, 317 , 86 A.L.R. 611 , the Wisconsin Supreme Court wrote: “We are not satisfied that this instrument, during the ten years that have *210 elapsed since the decision in the Frye Case, has progressed from the experimental to the demonstrable stag

11973–1973

Where else courts name it

PA 35 (1977–2023) IL 33 (1979–2007) CA 16 (1957–2026) NY 12 (1988–2018) FL 11 (1983–2013) AL 8 (1980–2012) MD 7 (1977–2018) MO 7 (1972–2000) TX 7 (1973–1998) CT 6 (1986–1995) AZ 5 (1962–2006) WA 5 (1984–2013) DC 5 (1979–2016) CO 4 (1981–1999) AK 3 (1986–1997) MS 3 (1994–1998) WV 3 (1989–2002) LA 3 (1981–1995) NJ 3 (1978–2020) RI 3 (1985–1999) MA 3 (1978–1986) MI 3 (1949–2014) NM 2 (1993–1993) GA 2 (1981–2025) MN 2 (1971–1989)

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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