Bobacher

MEMORANDUM **

Bobacher challenges the district court’s exclusion of his expert witness on reliability grounds and grant of summary judgment on all of his claims, including his failure to warn claim.

Under General Elec. Co. v. Joiner, 522 U.S. 136, 139 , 118 S.Ct. 512 , 139 L.Ed.2d 508 (1997), we review the district court’s reliability determination for the proposed admission of scientific or technical evidence under Federal Rule of Evidence 702 for abuse of discretion. Bobacher argues that the district court erred in finding that his technical expert’s failure to perform any tests on the Wacker saw or to produce any published tests on the fastening systems renders the expert’s proffered testimony unreliable. The factors outlined in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), “do not constitute a definitive checklist or test.” Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 150 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999) (internal quotations omitted). The district court has “broad latitude when it decides how to determine reliability,” id. at 142 , 119 S.Ct. 1167 , and the district court’s consideration of indicia of reliability…