LIBAS, LTD. v. U.S.

No. 97-1145.

193 F.3d 1361 (1999)

LIBAS, LTD., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 7, 1999.


Attorney(s) appearing for the Case

Elon A. Pollack, Law Offices of Elon A. Pollack, of Los Angeles, California, argued for plaintiff-appellant. With him on the brief was Heather C. Litman.

Bruce N. Stratvert, Attorney, Civil Division, Commercial Litigation Branch, International Trade Field Office, of New York, New York, argued for defendant-appellee. With him on the brief were David M. Cohen, Director, Commercial Litigation Branch, Department of Justice, of Washington, DC; and Joseph I. Liebman, Attorney in Charge, International Trade Field Office. Of counsel was Edward N. Maurer, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, of New York, New York.

Before MICHEL, GAJARSA and CUDAHY, Circuit Judges.


CUDAHY, Circuit Judge.

This case is centrally about the responsibilities of a trial court to ensure that its determinations based on expert testimony are founded upon reliable, scientifically trustworthy procedures. The issue arises here in the context of our review of a trial court's determination concerning the weight rather than the admissibility of evidence. Libas, Ltd. (Libas), a fabric importer, challenges the determination of a trial court that the United States...

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