In evidence of Arson a term to steer arson is used as "flash-over" a
time of 90 minutes is used for term "sleep" allows inducing into a
Arson intent of case of SOULIOTES;
100% polyester jogging suit that Tanisha was wearing at the time
ignited andmelted upon contact with hot air and debris from a
wood-burning stove, caused by a back draft§ from the stove.
the fire in question would have been extinguished before the
melt-drip§ feature tend to melt rather than burn to as hand produce
high temperatures§ and that when ignited and not immediately
extinguished, severe and deep burns are inflicted upon the body of the
wearer§]; Rules 702 and 703 of the Federal Rules of Evidence, methods
are not reliable§ because he altered standard testing protocols to
achieve the results he desired, and he relied on insufficient facts to
reconstruct the alleged incident that injured Under that Rule, the
proponent [of the expert testimony] has the burden of establishing
that the pertinent admissibility requirements are met by a
preponderance of the evidence.§ Fed. R. Evid. 702, Advisory Committee
Notes: 2000
devised by the industry itself and that, while there is no requirement
that 100% polyester garments be tested for flammability .
Specifically, Rule 702 of the Federal Rules of Evidence provides:
See also Bourjaily v. U.S., 483 U.S.171, 175-176 (1987), accord,
Daubert v. Merrell Dow Pharm., Inc.,509 U.S. 579, 592, n.10 (1993),
Graham v. Playtex Products, Inc., 993 F. Supp. 127, 129-130 (N.D.N.Y.
1998) (McAvoy, C.J.). See Borawick v. Shay, 68 F.3d 597, 610 (2d Cir.
1995), accord, TC Systems Inc., v. Town of Colonie, 213 F. Supp.2d
171, 173-74 (N.D.N.Y. 2002) (Treece, M.J.). See, e.g., McCullock v.
H.B. Fuller Co., 981 F.2d 656, 657-658 (2d Cir. 1992) (affirming
district court ruling that plaintiff's proffered expert did not
possess the required qualifications to testify as an expert on the
subject of warning labels for hot melt glue);Patterson v. Cent. Mills,
64 F. Appx 457, 462 (6th Cir. 2003) (affirming district court ruling
that plaintiff's proffered expert did not possess the required
qualifications to testify as an expert on the subject of written
flammability warnings for clothing); Wilson v. Bradlees of New Eng.,
250 F.3d 10, 18 (1st Cir. 2001) (upholding district court's ruling
precluding plaintiff's expert to testify on usages and practices in
the silk-screening industry, or [on] the commercial feasibility of
printing shirt logos with flame-retardant ink§); Robertson v. Norton
Co., 148 F.3d 905, 907 (8th Cir. 1998)
subject matter of this case the thermo plastic behavior and viscosity
of molten polyester, of the 90 minutes timeline (i.e. sleeping pill or
such etc etc) distribute narcotics could have involved the
flammability of fabrics. Flammability of Children's Sleepwear,§ and he
published an article entitled, Technologies Grow Flame Retardants
Market.§ (Id. at 2, 6.) However, simply stated, I find that these
accomplishments (which are only tangentially related to the subject at
hand) are not enough to tip the scales in favor a six-year-old boy was
burned after his clothing caught fire from a lighted Menorah. At the
time, the boy was wearing three articles of clothing: (1) a cotton
undershirt, (2) a religious garment called a Tztzis, and (3) a
Wal-Mart shirt on top. warning labels for hot melt glue);Patterson v.
Cent. Mills, 64 F. Appx 457, 462 (6th Cir. 2003) flammability warnings
dealt with warnings placed on mattresses and furniture. See Patterson,
64 F. Appx at 462.71 Synthetic Clothes Off Limits to Marines Outside
Bases in Iraq,§ reputedly published on the United States Department of
Defense website, and (4) a five-page article§ entitled, Frequently
Asked Questions,§ prepared by SALTA International " flash - over "
were aggravated by the polyester re: Case 6:04-cv-00297-GHL Document
71
Filed 03/22/07 Page 1 of 119
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
________________________________________ DOUGLAS TOPLIFF,Individually
and as Parent of TanishaTopliff, Plaintiff, v. WAL-MART STORES EAST
LP, Defendant.
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