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Federal Rule 104(a) provides: Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). Sam Schatten was Allison's treating board certified rheumatologist. The court additionally barred the claims for fraud/misrepresentation and failure to warn. Standards of Review We review the district court's grants of partial summary judgment and summary judgment de novo, reviewing all facts and reasonable inferences in the light most favorable to the nonmoving party, and applying the same standard as the district court. Singletary, 142 F.3d 1252, 1253 (11th Cir.1998); Hale v. Dougherty County, Ga., 684 F.2d 1365, 1369 (11th Cir.1982). Because causation is an essential element in the negligence claim, and Allison was unable to prove causation without the experts, the court subsequently granted final summary judgment to 3M/Mc Ghan on all remaining claims. Tallapoosa County, 50 F.3d 1579, 1581 (11th Cir.1995). A grant of summary judgment may be upheld on any basis supported by the record. City of Atlanta, 2 F.3d 1112, 1118 (11th Cir.1993). Wright, King & Spalding, Jane Fugate Thorpe, Alston & Bird, Atlanta, GA, David P. She asserted claims in negligence, fraud/misrepresentation and strict liability/failure to warn. She discussed her decision with her parents and a cousin who had implants. The pathology report stated that the outer shell of one implant was collapsed and the other contained minimal saline.
They do use low-level curse words like "damn," "hell" and "jackass." Good-hearted heroine Claude provides a positive example of a young woman who is able to advance in the workplace by using her smarts, not her sex appeal. We note at the outset, despite 3M/Mc Ghan's bandying about of terms such as “junk science” and “science for hire,” that the district court was careful to note the impeccable qualifications of the experts it was reviewing and that the court had before it sufficient record to adequately assess the Daubert issues. The Daubert Standard The district court properly set out the standard enunciated in Daubert and its progeny, noting its interaction with other pertinent rules of evidence. Or.1996) (finding a Rule 403 analysis applicable but unnecessary in making its decision to exclude testimony). While meticulous Daubert inquiries may bring judges under criticism for donning white coats and making determinations that are outside their field of expertise, the Supreme Court has obviously deemed this less objectionable than dumping a barrage of questionable scientific evidence on a jury, who would likely be even less equipped than the judge to make reliability and relevance determinations and more likely than the judge to be awestruck by the expert's mystique. Or.1996), conducted an extensive Daubert hearing by using court-appointed technical advisors under Rule 104 Because of the painstaking analyses which district courts undertake in making these admissibility determinations, their efforts are well deserving of the deference that the Supreme Court has accorded through the abuse of discretion standard enunciated in Joiner. In addition, accompanying affidavits and depositions were submitted and were before the court during the three day Daubert hearing. 21 (11th Cir.1998) (finding an abuse of discretion when the court fails to conduct a suitable inquiry into the relevant factors to determine whether expert testimony should be admitted), reh'g denied, 172 F.3d 884 (11th Cir.1999).1. 2786 (Rehnquist, J., and Stevens, J., concurring in part and dissenting in part). A grant of summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed. The Court reviews rulings on the admissibility of expert testimony for abuse of discretion. Rule 403 states, “Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” The Supreme Court recognized in Daubert the intricate role of Rule 403 in an expert testimony admissibility analysis when it noted that expert testimony could be “both powerful and quite misleading because of the difficulty in evaluating it.” 509 U.