Civil Litigation
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Total Erisa Cases: 2
The Family Educational Rights and Privacy Act of 1974 creates no personal rights that may be enforced under 42 U.S.C. 1983. The rights established under FERPA are no individual in focus and serve primarily to allow the Secretary of Education to control the flow of federal funds to institutions that improperly distributing education records to unauthorized persons.
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This toxic tort case hinged upon the admissibility of expert testimony. The court departed from Frye v. United States by confirming the Daubert v. Merrell Dow Pharm. holding. The court re-identified the four factors used to confirm the reliability of scientific evidence: "1) whether the theory can and has been tested; 2) whether it has been subjected to peer review; 3) the known or expected rate or error; and 4) whether the theory or methodology employed is generally accepted in the relevant scientific community." In this case, a Daubert hearing was held to determine if evidence to be presented through expert testimony was speculation and conjecture and therefore inadmissable or based on accepted scientific data. The court found that the expert
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