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Article Excerpt
Popeye the Sailor Man had a favorite saying: "I've had all I can stand, I can't stands no more!" Often his tormentors were after his girlfriend, Olive Oyl, and Popeye responded with spinach and a sock to the jaw. If only problems in the courtroom were so easily solved.
Plaintiff lawyers and many objective experts have had all they can stand regarding defense challenges to technical testimony. In most products liability litigation, defense attorneys cross-examining plaintiff experts will eventually ask two questions: "Has this work been peer reviewed?" and "Did your tests follow an accepted protocol?" Typically, the witness, with a blank face and an open mouth, would like to ask, "What are you talking about?"
If the plaintiff expert could ask the defense attorney that question, the attorney would not have a clue either. Defense lawyers merely know that, since the Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. (509 U.S. 579 (1993)), they can raise the issue of...
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