Law Review Symposium 2012 - THE DAUBERT HEARING: FROM ALL THE CRITICAL PERSPECTIVES

The Supreme Court’s celebrated 1993 decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. adopted a new empirical validation test for the admissibility of scientific evidence. In criminal cases, defense counsel started challenging the prosecution’s forensic evidence identifying the accused as the perpetrator. In civil tort cases, defense counsel filed motions attacking the plaintiff’s evidence on general causation. When counsel won these motions, the opposition lacked sufficient evidence to go to trial. The hearing on the pretrial Daubert motion became the centerpiece of the litigation. This symposium was presented in two parts. In the first segment, a federal judge and two experienced attorneys conducted a Daubert hearing on a controversial type of expert testimony. During the second segment, our expert academic panel commented on scientific evidence and discussed the law, strategy, and tactics of Daubert hearings. Chapters: 1) Introduction, including introduction of the speakers Prof. Edward Imwinkelried 2) Opening remarks about Daubert hearings Prof. David Faigman 3) Beginning of hearing Judge James M. Rosenbaum Bob Smith Bert Black . 4) Direct and cross of witness #1 Dr. William Toscano 5) Direct and cross of witness #2 Dr. Sander Greenland 6) Ruling and Panel discussion of Daubert hearings Bert Black Prof. David Faigman Dr. Sander Greenland Prof. Edward Imwinkelried Judge James M. Rosenbaum Bob Smith Dr. William Toscano