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In this convenient handbook that will fit neatly in your briefcase and in your mind, author David Malone has created a guide to the questions and answers you need on the game-changing Daubert decision and its important progeny, including Joiner and Kumho Tire.
When issues arise and need to be dealt with quickly, this new publication from NITA will be the place to start. For objections, for responses, for motions to exclude testimony, and for motions that inform the judge why unusual bases for opinions are or are not permissible, Daubert Rules: Modern Expert Practice under Daubert and Kumho provides persuasive arguments and scientifically logical reasoning.
Written in this eighth book of his "Rules" series, David Malone identifies nearly 100 areas that the practitioner concerned with presenting and opposing experts must consider as she readies herself and her team to engage in the "battle of the experts."
Among scores of other topics, Malone clarifies the relationship between the expert's report and the adequacy of her methodologies; the difference between qualitative and the quantitative sufficiency of the data used; and the fundamental importance to scientists of the concepts of testability and falsifiability.
Table of Contents
Chapter One. When Daubert Applies
Chapter Two. Legal Foundation
Chapter Three. Taking Depositions on Daubert Issues
Chapter Four. Defending Depositions on Daubert Issues
Chapter Five. Direct Examination
Chapter Six. Cross-Examination
Chapter Seven. Arguing the Reliability of the Methodology Employed
Appendix A. Article VII of the Federal Rules of Evidence
Appendix B. The Daubert Deposition Dance