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Daubert v. Merrell Dow Pharmaceuticals, Inc.
''Daubert v. Merrell Dow Pharmaceuticals'', is a United States Supreme Court case determining the standard for admitting expert testimony in federal courts. The ''Daubert'' Court held that the enactment of the Federal Rules of Evidence implicitly overturned the Frye standard; the standard that the Court articulated is referred to as the Daubert standard.
==Facts==
Jason Daubert and Eric Schuller had been born with serious birth defects. They and their parents sued Merrell Dow Pharmaceuticals Inc., a subsidiary of Dow Chemical Company, in a California state court, claiming that the drug Bendectin had caused the birth defects. Merrell Dow removed the case to federal court, and then moved for summary judgment because their expert submitted documents showing that no published scientific study demonstrated a link between Bendectin and birth defects. Daubert and Schuller submitted expert evidence of their own that suggested that Bendectin could cause birth defects. Daubert and Schuller's evidence, however, was based on ''in vitro'' and ''in vivo'' animal studies, pharmacological studies, and reanalysis of other published studies, and these methodologies had not yet gained acceptance within the general scientific community.
The district court granted summary judgment for Merrell Dow, and Daubert and Schuller appealed to the Ninth Circuit. The Ninth Circuit found the district court correctly granted summary judgment because the plaintiffs' proffered evidence had not yet been accepted as a reliable technique by scientists who had had an opportunity to scrutinize and verify the methods used by those scientists. Furthermore, the Ninth Circuit was skeptical of the fact that the plaintiffs' evidence appeared to be generated in preparation for litigation. Without their proffered evidence, the Ninth Circuit doubted that the plaintiffs could prove at a trial that the Bendectin had, in fact, caused the birth defects about which they were complaining.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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