10.19.2004

the wacky expert witness biz

from Daubert v. Merrell Dow (yes the famed daubert principles case!)
43 F.3d 1311

Bendectin litigation has been pending in the courts for over a decade, yet the only review the plaintiffs' experts' work has received has been by judges and juries, and the only place their [**21] theories and studies have been published is in the pages of federal and state reporters. n8 None of the plaintiffs' experts has published his work on Bendectin in a scientific journal or solicited formal review by his colleagues. Despite the many years the controversy has been brewing, no one in the scientific community - except defendant's experts - has deemed these studies worthy of verification, refutation or even comment. It's as if there were a tacit understanding within the scientific community that what's going on here is not science at all, but litigation. n9


I personally dont know if ive ever read anythign so funny, but that may just be my personal experience.


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