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Daubert v. Merrell Dow- Pharmaceuticals

Daubert v. Merrell Dow- Pharmaceuticals. By: Monica Valadez & Catherine Lopez. Case Background. Plaintiffs: Daubert (and other minors) Defendants: Merrell Dow Pharmaceuticals, Inc.

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Daubert v. Merrell Dow- Pharmaceuticals

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  1. Daubert v. Merrell Dow- Pharmaceuticals By: Monica Valadez & Catherine Lopez

  2. Case Background Plaintiffs: Daubert (and other minors) Defendants: Merrell Dow Pharmaceuticals, Inc. Summary: The plaintiffs were claiming that their defects were caused by the drug the Defendant gave out to their mothers during pregnancy. Verdict: Both sides had valid evidence against one another until it was revealed that the plaintiffs evidence was not accepted to the general scientific community due, therefore the defendants won.

  3. Federal Rule of Evidence 702 (Rule 702) This case contributed to the field of forensics by making the standard for admitting expert testimony in federal courts. By expert testimony they mean that, i. Whether the theory is generally accepted in the scientific community;ii. Whether the theory/method has been subjected to peer review and publication;iii. Whether the theory/method has been tested or can be tested;iv. Whether the potential or known rate of error is acceptable.

  4. Bibliography Bloomberg Law. (1993). Daubert v. Merrell Dow Pharmaceuticals, Inc. Retrieved September 4, 2012, from http://www.bloomberglaw.com/document/X2N776?jcsearch=509%2520U.S.%2520579#jcite&ORIGINATION_CODE=00344

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