1st Edition

Science and Litigation Products Liability in Theory and Practice

By Terrence F. Kiely Copyright 2002
    480 Pages 1 B/W Illustrations
    by CRC Press

    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.


    Science in American Litigation: India Rubber to Bioinformatics
    Science and the Legal Process
    Science, Products Liability, and Commerce
    Historical Notes on Science and Technology
    19th Century Science and Patent Litigation

    Science, Products Liability, and the Courts
    Science and Products Liability
    Science and the Civil Law
    Forensic Evidence and the Criminal Law
    Science and the United States Supreme Court
    Kumho Tire and Beyond

    Science and Peer Review
    Peer Review of Peer Review
    Peer Review and the Supreme Court
    Appendix: The Peer Reviewers Review Peer Review

    Science and Legal Causation
    Introduction: A Primer on Proximate Cause
    The Varieties of Cause: The Case of Dennis D.
    The Language of Cause
    Working Theories of Cause
    Differential Diagnosis
    Bellwether Cases and Inferential Statistics
    Extrapolation Theory
    The Parlodel Controversy


    Science and Pre-Trial Research
    Research Focal Points
    Research Topical Checklist
    Research In Depth
    Research Points of Reference
    Introduction to Detailed Research
    Focal Points for State-of-the-Art Research
    Information Sources

    Science and Expert Witnesses
    Determining Expert Witness Needs
    Prioritizing Expert Witness Needs
    Choosing the Expert: General Considerations
    Choosing the Expert: Organizational Factors
    Choosing the Expert: Individual Factors
    Categories of Experts
    Initial Utilization of the Expert

    Science and Business Documentation
    The Generation of Corporate Documents
    Design Documentation
    Testing Documentation
    Production Documentation
    Marketing Documentation
    Regulatory Documentation
    Organizational Documentation
    Operational Documentation

    Science and Pre-Trial Discovery
    Discovery Planning
    Requests for the Production of Documents
    Focal Points for Organization and Analysis
    Specialized Indexing and Cross-Referencing
    Defense Objections to Discovery
    The Motion to Compel Discovery

    Appendix: Researching the Science Case



    Terrence F. Kiely