The application of Daubert or Frye analysis to expert testimony in the "soft sciences."
Article Abstract:
Courts should apply the scientific evidence standards of Frye v. United States and Daubert v. Merrell Dow Pharmaceuticals, Inc. to testimony of soft science experts as well as to the hard sciences. The gatekeeper role of the court in determining the reliability and relevance of hard scientific evidence is well established, but some courts refuse to play this role when psychological, sociological or economic testimony is involved. The goals of Frye and Daubert can be vindicated by applying standards of general acceptance and scientific basis to social science evidence.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1997
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Admissibility of Social Security and workers' compensation payments associated with prior accidents
Article Abstract:
The collateral source rule of evidence does not apply to evidence showing that plaintiffs have been compensated with benefits from Social Security or workers' compensation insurance resulting from prior injuries. Such evidence is probative of fraud, malingering, and failure to mitigate. Defense counsel should be prepared to argue its admissibility as relevant evidence distinguishable from collateral source evidence.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1998
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Pseudo-economists - the new junk scientists
Article Abstract:
Court cases are increasingly marred by the use of poorly-derived expert evidence on economic matters. Economic loss reports and methodologies should be carefully scrutinized and economists' credentials reviewed to make sure they meet acceptable standards. Biases can affect calculation of growth rates, earnings base, economic loss period, present value discount rates, setoff earnings, and household services losses.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1996
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