Science and Litigation: Products Liability in Theory and Practice

by Kiely; Terrence F.

• ISBN13: 9780849300257
• ISBN10: 0849300258
• Format: Hardcover
• Copyright: 2002-04-29
• Publisher: CRC Press

Summary

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

Introduction	xvii
Part I SCIENCE AND LEGAL THEORY	1	(204)
Science in American Litigation: India Rubber to Bioinformatics	3	(32)
Science and the Legal Process	3	(7)
Science, Products Liability, and Commerce	10	(1)
Historical Notes on Science and Technology	11	(7)
Nineteeth-Century Science and Patent Litigation	18	(17)
Science, Products Liability, and the Courts	35	(42)
Science and Products Liability	35	(4)
Science and the Civil Law	39	(3)
Forensic Evidence and the Criminal Law	42	(2)
Science and the United States Supreme Court	44	(10)
Kumho Tire and Beyond	54	(23)
Science and Peer Review	77	(54)
Introduction	77	(4)
Peer Review of Peer Review	81	(4)
Peer Review and the Supreme Court	85	(20)
Appendix: The Peer Reviewers Review Peer Review	105	(26)
Science and Legal Causation: A Primer on Proximate Cause	131	(74)
Introduction: A Primer on Proximate Cause	131	(2)
The Varieties of Cause: The Case of Dennis D.	133	(8)
The Language of Cause	141	(3)
Working Theories of Cause	144	(1)
Differential Diagnosis	145	(14)
Bellwether Cases and Inferential Statistics	159	(7)
Extrapolation Theory	166	(11)
The Parlodel Controversy	177	(28)
Part II SCIENCE AND LITIGATION PRACTICE	205	(224)
Science and Pretrial Research	207	(54)
Introduction	207	(6)
Research Focal Points	213	(4)
Research Topical Checklist	217	(12)
Research In Depth	229	(7)
Research Points of Reference	236	(5)
Introduction to Detailed Research	241	(3)
Focal Points for State-of-the-Art Research	244	(7)
Information Sources	251	(10)
Science and Expert Witnesses	261	(26)
Introduction	261	(1)
Determining Expert Witness Needs	262	(3)
Prioritizing Expert Witness Needs	265	(1)
Choosing the Expert: General Considerations	265	(2)
Choosing the Expert: Organizational Factors	267	(3)
Choosing the Expert: Individual Factors	270	(6)
Categories of Experts	276	(5)
Initial Utilization of the Expert	281	(6)
Science and Business Documentation	287	(52)
Introduction	287	(1)
The Generation of Corporate Documents	288	(5)
Design Documentation	293	(14)
Testing Documentation	307	(11)
Production Documentation	318	(2)
Marketing Documentation	320	(6)
Regulatory Documentation	326	(6)
Organizational Documentation	332	(4)
Operational Documentation	336	(3)
Science and Pretrial Discovery	339	(90)
Introduction	339	(1)
Discovery Planning	340	(8)
Interrogatories	348	(8)
Requests for the Production of Documents	356	(6)
Depositions	362	(6)
Focal Points for Organization and Analysis	368	(14)
Specialized Indexing and Cross-Referencing	382	(9)
Defense Objections to Discovery	391	(7)
The Motion to Compel Discovery	398	(31)
Appendix: Researching the Science Case	429	(12)
Index	441