Word: daubert
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Trials involving science often pit expert against expert, with lawyers on each side trying to expose the scientists on the other side as charlatans or proponents of "junk" theories. In 1993, however, the Supreme Court ruled in Daubert v. Merrell Dow that judges should act as gatekeepers, assessing the validity of the experts who take their stand. "Before Daubert, judges were unwilling to prevent testifying," says Joseph Sanders, a University of Houston law professor. "Now they're more willing to exclude experts." The results are dramatic, even pivotal, in cases involving breast implants. Last year Judge Robert Jones of Oregon...
...weight of scientific evidence but also a trend among juries: 14 out of 19 smaller cases were decided in favor of the company this year. Lawyers for the plaintiffs hope the Supreme Court will restore some of their power to call witnesses by reconsidering and reining in its Daubert ruling. As for the women in the case, their appeal is one that neither science nor law has answered so far. Says Laitinen: "We just want our health back...
Certainly Judge Jones can be applauded for attempting to apply rational standards to an area of testimony that too often has promoted confusion over clarity. He has heeded the Supreme Court's ruling, in Daubert v. Merrell Dow Pharmaceuticals, that judges should try to independently assess the scientific merits of expert testimony--and in so doing, he may hasten the resolution of a legal ordeal that has brought anxiety and psychological pain to many women...
...case, Daubert v. Merrill Dow Pharmaceuticals, a woman who had a child with a birth defect sued the drug company, claiming the drug had caused the defect...
Died. Jacob Ellsworth ("Jake") Daubert, 39, Captain and first baseman of the Cincinnati National League baseball team; at Cincinnati, of appendicitis...