Summary
The United States District Court for the Eastern District of Oklahoma denied E-Z Mart Stores, Inc.’s Rule 702 motion to limit Dr. Ian McIntyre’s testimony. The court held that his opinion concerning gasoline-related postmortem redistribution of methamphetamine was sufficiently reliable under Daubert and Rule 702, noting that challenges to the opinion’s explanation or competing studies were appropriate for cross-examination and opposing expert testimony.
Holdings
- The opinion was sufficiently reliable for admission because Dr. McIntyre explained the reasoning supporting it, his education and experience supported that reasoning, and he relied on published literature.
Questions Presented
- Whether Dr. McIntyre's opinion regarding gasoline-related leaching of methamphetamine from tissue into the bloodstream was sufficiently reliable under Federal Rule of Evidence 702 and Daubert to be admitted.
Disposition
other
Cases Cited (10)
- United States v. Wofford, 766 Fed. Appx. 576, 581 (10th Cir. 2019)(followed)
- Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 592-94, 597 (1993)(followed)
- Tudor v. Southeastern Okla. St. Univ., 13 F.4th 1019, 1029-30 (10th Cir. 2021)(followed)
- United States v. Cushing, 10 F.4th 1055, 1079 (10th Cir. 2021)(followed)
- Gen. Elec. Co. v. Joiner, 522 U.S. 136, 140 (1997)(followed)
- United States v. Arutunoff, 1 F.3d 1112, 1118 (10th Cir. 1993)(followed)
- Specht v. Jensen, 853 F.2d 805, 809-10 (10th Cir. 1988)(followed)
- Bitler v. A.O. Smith Corp., 400 F.3d 1227, 1234 (10th Cir. 2005)(followed)
- Ralston v. Smith & Nephew Richards, Inc., 275 F.3d 956, 969 (10th Cir. 2001)(followed)
- United States v. Pehrson, 65 F.4th 526, 540 (10th Cir. 2023)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…