Civil Litigation
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Total Removal Cases: 2
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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There is no express or implied private cause of action under Federal Income Contribution Act. Where an employee had been improperly categorized as an independent contractor and was found liable for both his and the employer
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