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Science and LitigationProducts Liability in Theory and Practice By Terrence F. Kiely
M00002630
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The question "what is science" has been one of the most vigorously contested legal questions as to what is legally acceptable scientific foundation for the submission of expert opinion in a wide variety of cases, especially in products liability cases. The answer usually lies in the outcomes of past cases as well as objective scientific literature. But how do we relate past decisions to biotechnology, bioinformatics, in-silico biology, genome mapping, and other new scientific developments? And just how valid are peer-reviewed studies when they are performed in house or funded by companies with a stake in the product?
Science and Litigation: Products Liability in Theory and Practice addresses these and many other questions involving the relationship between the physical and biological sciences and the civil justice system. First, it reviews scientific legal theory by highlighting landmark cases, analyzing the scientific peer-review process, and examining the relationship between scientific causal theory and legal causation rules. Then the book addresses the practical issues involved in prosecuting or defending the science-based case, from pretrial discovery to choosing an expert witness.
Products liability litigation can be a long and arduous task for everyone involved. This practical guide makes it a little easier. Taking you from research to courtroom, Science and Litigation: Products Liability in Theory and Practice provides information about the admissibility of scientific ideas and leads both expert witness and attorney through the necessary steps to be successful in litigation.
Table of Contents
PART I: SCIENCE AND LEGAL THEORY
Science in American Litigation: India Rubber to Bioinformatics
Science and the Legal Process
Science, Products Liability, and Commerce
Historical Notes on Science and Technology
19th Century Science and Patent Litigation
Science, Products Liability, and the Courts
Science and Products Liability
Science and the Civil Law
Forensic Evidence and the Criminal Law
Science and the United States Supreme Court
Kumho Tire and Beyond
Science and Peer Review
Introduction
Peer Review of Peer Review
Peer Review and the Supreme Court
Appendix: The Peer Reviewers Review Peer Review
Science and Legal Causation
Introduction: A Primer on Proximate Cause
The Varieties of Cause: The Case of Dennis D.
The Language of Cause
Working Theories of Cause
Differential Diagnosis
Bellwether Cases and Inferential Statistics
Extrapolation Theory
The Parlodel Controversy
Part II: SCIENCE AND LITIGATION PRACTICE
Science and Pre-Trial Research
Introduction
Research Focal Points
Research Topical Checklist
Research In Depth
Research Points of Reference
Introduction to Detailed Research
Focal Points for State-of-the-Art Research
Information Sources
Science and Expert Witnesses
Introduction
Determining Expert Witness Needs
Prioritizing Expert Witness Needs
Choosing the Expert: General Considerations
Choosing the Expert: Organizational Factors
Choosing the Expert: Individual Factors
Categories of Experts
Initial Utilization of the Expert
Science and Business Documentation
Introduction
The Generation of Corporate Documents
Design Documentation
Testing Documentation
Production Documentation
Marketing Documentation
Regulatory Documentation
Organizational Documentation
Operational Documentation
Science and Pre-Trial Discovery
Introduction
Discovery Planning
Interrogatories
Requests for the Production of Documents
Depositions
Focal Points for Organization and Analysis
Specialized Indexing and Cross-Referencing
Defense Objections to Discovery
The Motion to Compel Discovery
Appendix: Researching the Science Case
Index
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