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DAUBERT v. MERRELL DOW PHARMACEUTICALS, INC.

No. 90-55397.

43 F.3d 1311 (1995)

William DAUBERT, Joyce Daubert, individually and as Guardians Ad Litem for Jason Daubert, a minor; Anita De Young, individually, and as Guardian Ad Litem for Eric Schuller, Plaintiffs-Appellants, v. MERRELL DOW PHARMACEUTICALS, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 4, 1995.

Attorney(s) appearing for the Case

Michael H. Gottesman, Georgetown Univ. Law Center, Washington, DC, Kenneth J. Chesebro, Cambridge, MA, Mary F. Gillick, Luce, Forward, Hamilton & Scripps, San Diego, CA, and Barry J. Nace, Paulson, Nace, Norwin & Sellinger, Washington, DC, for the plaintiffs-appellants.

Charles Fried, Cambridge, MA, Hall R. Marston, George E. Berry, Dickson, Carlson & Campillo, Santa Monica, CA, and Joel I. Klein, and Richard G. Taranto, Washington, DC, for the defendant-appellee.

On Remand from the United States Supreme Court.

Before: KOZINSKI and O'SCANNLAIN, Circuit Judges, and McNAMEE, District Judge.

KOZINSKI, Circuit Judge.

On remand from the United States Supreme Court, we undertake "the task of ensuring that an expert's testimony both rests on a reliable foundation and is relevant to the task at hand." Daubert v. Merrell Dow Pharmaceuticals, Inc., ___ U.S. ___, ___, 113 S.Ct. 2786, 2799, 125 L.Ed.2d 469 (1993).

I

A. Background

Two minors brought suit against Merrell Dow Pharmaceuticals, claiming they suffered limb reduction...

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