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Daubert and the Disappearing Jury Trial

49 Pages Posted: 29 Jun 2011  

Allan Kanner

Kanner & Whiteley, LLC

M. Ryan Casey

Kanner & Whiteley, LLC

Date Written: 2007

Abstract

This Article examines the background of expert witness testimony, Daubert, and its companion cases. Next, the Article explores corporate influence in science-and how Daubert has allowed this corporate influence to erode true science. Incentives, some benign and some of sheer bias, were created which allow judges to use Daubert to kill cases. This Article first looks at what the effect has been on the civil justice system and then offers some solutions and practical advice for attorneys facing a daunting Daubert hearing.

Suggested Citation

Kanner, Allan and Casey, M. Ryan, Daubert and the Disappearing Jury Trial (2007). University of Pittsburgh Law Review, Vol. 69, p. 281, 2007. Available at SSRN: https://ssrn.com/abstract=1874791

Allan Kanner (Contact Author)

Kanner & Whiteley, LLC ( email )

701 Camp Street
New Orleans, LA 70130
United States
504-524-5777 (Phone)
504-524-5763 (Fax)

M. Ryan Casey

Kanner & Whiteley, LLC ( email )

New Orleans, LA 70130
United States

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