Scientific Evidence Review: Admissibility of Expert Evidence, Edição 6

American Bar Association, 2003 - 554 páginas

This sixth book in the best-selling monograph series offers a complete update of Monograph No. 4 focusing entirely on expert evidence issues.

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QUALIFICATIONS AND TESTIMONY	11

C QUALIFICATIONS	11

E EDUCATIONTRAINING	11

F MEMBERSHIP IN PROFESSIONAL ASSOCIATIONS	11

G INCREASED SCRUTINY OF EXPERTS	11

H WEIGHT OF THE EVIDENCE	11

I CONCLUSION	13

CHAPTER II EXPERT EVIDENCE IN THE FIRST CIRCUIT	15

e Other Decisions in the Sixth Circuit District Courts Citing Daubert	252

B EXPERT RELATED RULES AND PROCEDURAL ISSUES	257

C STATE LAW EXPERT ISSUES	259

b Expert Related Rules and Procedural Issues	260

b Expert Related Rules and Procedural Issues	261

b Expert Related Rules and Procedural Issues	262

4 Expert Evidence in Michigan State Courts	263

2 Expert Interrogatory Responses and Expert Reports	265

a US District Court for the District of Maine	25

b US District Court for the District of Massachusetts	26

c US District Court for the District of New Hampshire	31

d US District Court for the District of Puerto Rico	32

e US District Court for the District of Rhode Island	33

C STATE LAW EXPERT ISSUES	35

D LOCAL PRACTICE TIPS AND SUGGESTIONS	39

CHAPTER III EXPERT EVIDENCE IN THE SECOND CIRCUIT	41

2 Expert Related Rules and Procedural Issues	51

b The Expert Report	52

d Costs	57

e Admissibility Hearings	59

f Discovery of Materials Reviewed by Expert	60

g Use of Rule 706	65

3 Practice Tips and Suggestions for Second Circuit Courts	66

b Rules and Procedures Governing Expert Disclosure in New York State Courts	72

c Local Practice Tips for New York State Courts	78

d The Future of Frye and Daubert in New York State Courts	79

2 Expert Evidence in Vermont State Courts	80

b Expert Related Rules and Procedural Issues in Vermont State Courts	82

c Local Practice Tips and Suggestions for Vermont State Courts	84

3 Expert Evidence in Connecticut State Courts	85

b Expert Related Rules and Procedural Issues in Connecticut State Courts	88

CHAPTER IV EXPERT EVIDENCE IN THE THIRD CIRCUIT	91

B EXPERT QUALIFICATIONS	92

C RELIABILITY	95

2 Application of the Reliability Requirement	99

D THE FIT REQUIREMENT	106

E EXPERT RELATED RULES AND PROCEDURAL ISSUES IN FEDERAL COURTS IN THE THIRD CIRCUIT	109

2 Hearing Requirement	111

3 Depositions	112

4 Expert Reports	113

5 Pretrial Orders	114

7 Appellate Review of Exclusion of Expert Testimony	115

F STATE LAW EXPERT ISSUES	116

b Foundational Requirements	117

c Assisting the Trier of Fact	119

e Reliability	121

3 State Law Expert Issues in New Jersey State Courts	122

b Expert Qualifications	124

c Reliability	125

d General Considerations	130

4 State Law Expert Issues in Pennsylvania State Courts	131

a Qualification	132

b Procedural Issues	134

c When Does Frye Apply?	136

d Application of the Frye Test	137

e What Must Be Generally Accepted?	141

CHAPTER V EXPERT EVIDENCE IN THE FOURTH CIRCUIT	143

1 Key Fourth Circuit Decisions Applying Daubert and Joiner	144

b Assistance to the Trier of Fact	147

c Standard of Review	148

d Chemical Analysis	152

e Witness Identification	153

f Psychology	154

h Chemical Exposure	155

j Hybrid FactOpinion Testimony	157

2 Key District Court Decisions Involving Daubert and Joiner	158

b North Carolina	162

c South Carolina	164

d Virginia	165

e West Virginia	167

3 EXPERT RELATED RULES AND PROCEDURAL ISSUES	168

b North Carolina	170

d Virginia	171

e West Virginia	172

4 STATE LAW EXPERT ISSUES	174

b States which have Retained the Frye Standard	179

c States Following Their Own State Version of a RelevanceReliability Determination	180

5 Local Practice Tips and Suggestions	184

b North Carolina State Courts	185

CHAPTER VI EXPERT EVIDENCE IN THE FIFTH CIRCUIT	187

2 Procedural Issues	188

3 Qualifications	190

4 Unreliable Data	191

5 Opinions on Legal Issues	192

B DECISIONS IN THE DISTRICT COURTS	193

b Bad Data Cases	194

c Procedural Issues	195

d Methodology Cases	197

2 Louisiana Cases	198

b Procedural Issues	199

c Methodology	200

d Helpfulness	201

3 Mississippi Cases	202

C EXPERT RELATED RULES AND PROCEDURES IN FEDERAL COURT	203

3 Mississippi Federal Courts	204

b Texas Case Law	206

c Expert Reports and Designations	207

d Helpfulness	208

e Qualifications	209

f Methodology	211

g Procedure	214

2 Expert Evidence in Louisiana State Courts	215

b Evidentiary Framework	217

3 Expert Evidence in Mississippi State Courts	219

b Evidentiary Framework	220

c Recent Cases	221

CHAPTER VII EXPERT EVIDENCE IN THE SIXTH CIRCUIT	223

a Pivotal Sixth Circuit Cases	224

b Major Sixth Circuit Cases	227

c Other Sixth Circuit Cases Citing Daubert	242

d District Court Cases in Sixth Circuit	245

4 Depositions	266

6 PostTrial Motions	267

CHAPTER VIII EXPERT EVIDENCE IN THE SEVENTH CIRCUIT	269

2 Evidence Based on the Natural or Hard Sciences	271

b Environmental EngineeringHydrology	280

c Medical Causation	282

d Chemistry	291

3 Evidence Based on the Social Sciences	293

b Psychology	296

c Economic Damages	299

B STATE LAW EXPERT ISSUES	301

b Expert Related Rules and Procedural Issues	303

d Discovery	304

e Fees	305

b Other Expert Related Rules and Procedural Issues	307

b Other Expert Related Rule and Procedural Issues	308

CHAPTER IX EXPERT EVIDENCE IN THE EIGHTH CIRCUIT	311

2 Product Design and Engineering Testimony	321

3 Warnings Testimony	327

4 Psychiatric and Psychological Testimony	329

5 Economic Testimony	331

6 Accident Reconstruction Testimony	334

7 Daubert Procedural IssuesCivil Cases	335

9 Costs	336

2 DNA Evidence	337

3 Inductively Coupled PlasmaAtomic Emission Spectrography ICP and Voice Spectrography Evidence	339

4 Polygraph Evidence	340

5 Psychological and Psychiatric Testimony	341

7 Daubert Procedural IssuesCriminal Cases	343

C KEY DECISIONS APPLYING DAUBERT IN THE DISTRICT COURTS OF THE EIGHTH CIRCUIT	344

2 Iowa	352

3 Arkansas	354

4 Missouri	359

5 Nebraska	365

6 South Dakota	368

7 North Dakota	370

D EXPERT EVIDENCE IN THE STATE COURTS OF THE EIGHTH CIRCUIT	371

2 Iowa	375

3 Arkansas	377

4 Missouri	378

5 Nebraska	380

6 South Dakota	383

7 North Dakota	385

2 Iowa	387

3 Arkansas	388

5 Nebraska	389

6 North Dakota	390

CHAPTER X EXPERT EVIDENCE IN THE NINTH CIRCUIT	393

1 Expert Evidence of Medical Causation	394

2 Other Types of Scientific Expert Evidence	402

3 NonScientific Expert Evidence	404

B EXPERT RELATED RULES AND PROCEDURAL ISSUES IN FEDERAL COURTS	407

2 CourtAppointed Experts	408

3 Failure to Comply with Expert Disclosure Requirements	409

C STATE LAW EXPERT ISSUES	411

b Expert Related Rules and Procedural Issues in Alaska State Courts	413

2 Expert Evidence in Arizona State Courts	414

b Expert Related Rules and Procedural Issues in Arizona State Courts	416

3 Expert Evidence in California State Courts	417

b Expert Related Rules and Procedural Issues in California State Courts	420

4 Expert Evidence in Hawaii State Courts	423

b Expert Related Rules and Procedural Issues in Hawaii State Courts	424

b Expert Related Rules and Procedural Issues in Idaho State Courts	425

6 Expert Evidence in Montana State Courts	426

b Expert Related Rules and Procedural Issues in Montana State Courts	428

7 Expert Evidence in Nevada State Courts	429

b Expert Related Rules and Procedural Issues in Nevada State Courts	430

8 Expert Evidence in Oregon State Courts	431

b Expert Related Rules and Procedural Issues in Oregon State Courts	432

9 Expert Evidence in Washington State Courts	434

b Expert Related Rules and Procedural Issues in Washington State Courts	436

CHAPTER XI EXPERT EVIDENCE IN THE TENTH CIRCUIT	437

2 The Abuse of Discretion Standard	441

2 Expert Reports and Summaries	444

C EXPERT WITNESS ISSUES UNDER STATE LAW	446

2 Kansas	447

3 New Mexico	450

4 Oklahoma	451

5 Utah	452

6 Wyoming	454

D LOCAL PRACTICE TIPS AND SUGGESTIONS	457

1 The Tenth Circuit Court of Appeals	458

2 Colorado	459

4 New Mexico	460

5 Oklahoma	461

6 Utah	462

7 Wyoming	463

CHAPTER XII EXPERT EVIDENCE IN THE ELEVENTH CIRCUIT	465

2 District Court Cases	471

B EXPERT RELATED RULES AND PROCEDURAL ISSUES	484

4 FloridaNorthern District	485

7 AlabamaNorthern District	486

C STATE LAW EXPERT ISSUES	487

b Expert Related Rules and Procedures in Alabama State Court	493

2 Expert Evidence in Florida State Courts	495

b Expert Related Rules and Procedural Issues	498

3 Expert Evidence in Georgia State Courts	501

CHAPTER XIII EXPERT EVIDENCE IN THE DISTRICT OF COLUMBIA CIRCUIT	507

B EXPERT RELATED RULES AND PROCEDURAL ISSUES FOR THE FEDERAL COURTS IN THE DISTRICT OF COLUMBIA CIRCUIT	514

C KEY EXPERT EVIDENCE DECISIONS FOR THE DISTRICT OF COLUMBIA COURTS	515

D EXPERT RELATED RULES AND PROCEDURAL ISSUES FOR THE DISTRICT OF COLUMBIA COURTS	521

Direitos de autor

Palavras e frases frequentes

8th Cir abuse of discretion acceptance admissibility of expert admissibility of scientific affirmed alleged Applying Daubert assist the trier Bendectin causation caused Corp court concluded court excluded court found court held court noted court of appeals court's decision Daubert analysis Daubert factors Daubert hearing Daubert standard defect defendant defendant's deposition discovery district court Eighth Circuit expert disclosure expert evidence Expert Related Rules expert reports expert testimony expert witness expert's expert's opinion exposure failed Federal Rules Frye standard Frye test gatekeeping inadmissible injuries jury Kumho Tire LEXIS litigation Metabolife motion Parlodel party peer review plaintiff plaintiff's expert polygraph Procedural Issues products liability qualified reasonable relevant reliability relied Rules and Procedural Rules of Evidence scientific community scientific evidence Sixth Circuit studies summary judgment Supp Supreme Court technique theory Third Circuit trial court trier of fact unreliable

Informação bibliográfica

Título	Scientific Evidence Review: Admissibility of Expert Evidence, Edição 6
Autor	American Bar Association
Editor	American Bar Association
Editora	American Bar Association, 2003
ISBN	1590312201, 9781590312209
Número de páginas	554 páginas

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