This booklet addresses the legal background of recent court rulings (Daubert, Kumho, & Joiner) along with the Federal Rule Evidence 702 regarding the critical issues of admissible testimony. Thirty-two cases involving forensic rehabilitation experts are reviews in light of these rulings where the issue of admissibility was considered. Approximately one-half of the cases were disallowed. The discussion includes an analysis of what went wrong with some practical suggestions for how to do it correctly. Major emphasis is on the importance for Rule 702 and a clinical model for developing opinion. (Field, T. & Choppa, A., 2005, 48 pp.)
This publication tells a story -- a story of one vocational experts (Choppa) journey through his role in a large class action lawsuit. Following a legal backdrop to the issues regarding testimony under Daubert and Kumho, Choppa provides the setting for the two-year legal journey. Relevant sections of his deposition are presented which is then followed by the Daubert challenge (actual verbatim copy), the plaintiffs response, the defenses reply, a summary of a pre-trial hearing, and finally the judgement. This is the kind of story often heard about, but rarely presented in such a definitive manner. The content also serves as a blueprint of how vocational experts can present their findings and survive the Daubert challenge. (Choppa, A., Field, T. & Johnson, C., 2006, 78 pp.)
This booklet is an excellent presentation of expert work in the area of life care plans. The early chapter consists of an extensive review of actual cases involving the life care planning expert. Cases are summarized, including a review of what the expert presented with the disposition thereof by the court. Mistakes were made, along with many good things done by the experts. This case review section is accompanied by relevant information such as a scope and standards of practice, published resources, a reprint of a critical case involving the admissibility of expert opinion by a life care planner, and finally a list of specific recommendations for the expert to consider in light of the Daubert and Kumho rulings. (Weed & Johnson, 2006, @76 pp.)
B14 $29.95 | ON DEMAND ONLY ISBN 978-1-4243-0716-6
This booklet presents a discussion of issues related to admissible testimony along with a state-by-state summary of the rulings (Frye, Daubert, or other) that state's have adopted for such testimony. Additional sections include summaries of actual cases to illustrate how the courts have addressed a variety of issues and topics related to VE testimony. A separate section provides a working knowledge of clinical judgment for the forensic rehabilitation professional. Five detailed cases are discussed relative to the issue of clinical judgment. (Field, 2010, 36 pp.)
Federal Rule 702 is perhaps the most important rule governing expert testimony in the federal courts. Dr. Field in this discussion reviews and discusses each phrase of the 702 Rule and illustrates the impact of testimony with actual cases reported from the federal courts. An extensive discussion of the Kumho ruling is presented as this ruling impacted significantly the admissibility of testimony. The discussion is supplemented with the inclusion of the three rulings with critical language in the rulings underlined for emphasis. Also included is a section on the revised Rule 702 which is referred to as the 2000 Amendment. (Field, T., 60 pp., 2011).
The inventory of book titles with E & F consists of several books that have become somewhat dated and not likely to be revised and updated in the future. These book titles are valuable for their historical content and/or contain information that is still relevant today. please look for the following notation for the titles that are discounted 50% and will remain available as long as the supply lasts for each title "Discounted."
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