KUMHO TIRE CO. v. CARMICHAEL

No. 97-1709.

526 U.S. 137 (1999)

KUMHO TIRE CO., LTD., et al. v. CARMICHAEL ET AL.

United States Supreme Court.

Decided March 23, 1999.


Attorney(s) appearing for the Case

Joseph P. H. Babington argued the cause for petitioners. With him on the briefs were Warren C. Herlong, Jr., John T. Dukes, Kenneth S. Geller, and Alan E. Untereiner.

Jeffrey P. Minear argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Assistant Attorney General Hunger, Deputy Solicitor General Wallace, Anthony J. Steinmeyer, and John P. Schnitker.

Sidney W. Jackson III argued the cause for respondents. With him on the brief were Robert J. Hedge, Michael D. Hausfeld, Richard S. Lewis, Joseph M. Sellers, and Anthony Z. Roisman.*

Breyer, J., delivered the opinion of the Court, Parts I and II of which were unanimous, and Part III of which was joined by Rehnquist, C. J., and O'Connor, Scalia, Kennedy, Souter, Thomas, and Ginsburg, JJ. Scalia, J., filed a concurring opinion, in which O'Connor and Thomas, JJ., joined, p. 158. Stevens, J., filed an opinion concurring in part and dissenting in part, p. 159.


Justice Breyer, delivered the opinion of the Court.

In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), this Court focused upon the admissibility of scientific expert testimony. It pointed out that such testimony is admissible only ifit is both relevant and reliable. And it held that the Federal Rules of Evidence "assign to the trial judge the task of ensuring...

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