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10 articles on Schachtman Law
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Articles10
Reference Manual’s Chapter on Expert Witness Testimony Admissibility – Part 3
Richter and Capra treat WOE in Justice Steven’s lone dissenting opinion in Joiner as if it were the law. Of course, it was not; nor was it a particularly insightful analysis into scientific method, Rule 702, or the law of expert witnesses. The Manual authors elevate WOE by their complete failure to offer any criticisms […]
Reference Manual’s Chapter on Expert Witness Testimony Admissibility – Part 4
In the district court, Judge George O’Toole conducted a pre-trial hearing over four days, and heard testimony from Smith and Cranor, as well as from defense expert witnesses. Judge O’Toole’s published opinion carefully and accurately stated the facts, the applicable law, and presented a well-reasoned judgment as to why Smith’s opinion was not admissible unde
Reference Manual’s Chapter on Expert Witness Testimony Admissibility – Part 5
By ignoring Milward’s expert witnesses’ omissions from, and abridgements of, WOE and IBE, the appellate court blinded itself to these witnesses’ distortions of scientific method. The need for judgment, which the Milward court was keen to honor, does not mean that there are not aberrant or deviant judgments, or deviations from the standard of scientific […]
How Science Works in the New Reference Manual on Scientific Evidence
The Second and Third Editions of the Reference Manual on Scientific Evidence contained a chapter, “How Science Works,” by Professor David Goodstein. This chapter ambitiously set out to cover philosophy and sociology of science to help orient judges as strangers in a strange land. Goodstein’s chapter had been a useful introduction to scientific methodology, a
A Bayesian Toehold in the New Reference Guide to Epidemiology
IARC & the Reference Manual on Scientific Evidence
Given the outsized role that IARC can sometimes take in litigation and regulation, lawyers and judges should pay some attention to, and give some critical thought about, how the Reference Manual on Scientific Evidence addresses IARC’s classifications and evaluations of putative carcinogens. The Reference Manual is published by the Federal Judicial Center and
The American Public Health Association – Lawsuit Industry Affiliate
Over a decade ago, I wrote a post about the American Public Health Association (APHA) and its position papers opposing the Daubert regime of gatekeeping the validity of expert witness opinion testimony. I am updating the post, with some modifications, because the links to the APHA documents are broken. It appears that the APHA now keeps […]
Bias everywhere
For those of us who litigate health effects claims, either as pursuers or defenders, the pathology of science is often as important and interesting as pristine methodology. Identifying the pathological epistemology (patho-epistemology) of our adversaries’ claims, in the facts and data relied upon, and the inferences drawn at every step in reasoning to a conc
The Recrudescence of Ferebee – Part One
The infamous Ferebee decision is certainly a contender to be a Dred Scott decision involving scientific evidence,[1] by declaring that science has no validity issues that the law is bound to respect.[2] The decision is often cited for its dictum, written with impressive rhetorical flourish, about how courts should not interfere with expert witness opinion te
The Recrudescence of Ferebee – Part Two
In 2010, almost 30 years after Ferebee was decided, the Solicitor General cited the case in an amicus brief before the Supreme Court case, in Matrixx Iniatives, Inc. v. Siracusano. The case was a securities fraud class action, which was dismissed initially by the trial court on consideration of the defendant’s motion that the complaint […]