No escape from science

Article Abstract:

The increasing importance of expert evidencec in litigation and key judicial decisions governing the admissibility of such evidence are discussed. The 1999 Kumho Tire Co v. Carmichael was the last in the trilogy and extended Daubert v. Merrell Dow Pharmaceuticals beyond scientific witnesses to all expert testimony.

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Article 9, take 3

Article Abstract:

Revised Article 9 of the Uniform Commercial Code is discussed. The revision seeks a better way of dealing with the security interest in intangible property more prevalent in today's technology-based economy.

Commercial law, Secured transactions, Debtor and creditor, Codification (Law)

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Hard questions on soft science; court uses Daubert to disallow clinical physician's diagnosis in toxic tort case

Article Abstract:

The US Court of Appeals for the 5th Circuit rejected a pulmonary specialist's evidence connecting a former truck driver's respiratory illness to on-the-job exposure to hazardous chemicals.The majority found that this testimony fell short of Daubert standard for admissible expert testimony since it was not based on peer-reviewed scientific studies. Experts predict the Supreme Court will adapt Daubert's gatekeeping principle for scientific evidence to other fields.

Personal injuries, Testimony

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