Admissibility of Scientific Studies Developed for Use in Litigation

An interesting debate between Michael Martinez, a partner in the Washington, D.C. firm of Crowell & Moring, and Jay Kesan, Professor & Director of the Program in Intellectual Property and Technology Law at the University of Illinois over the admissibilty post-Daubert of scientific studies developed for possible use in litigation is available on-line at http://legalaffairs.org/webexclusive/debateclub_daubert0406.msp

The debaters seem to agree that such studies should not necessarily be inadmissible so long as they can satisfy the Daubert criteria but that the process created by Daubert can be improved by, for example, requiring the disclosure of any direct or indirect involvment by any party in any study that is being relied upon in litigation.

Both Mr. Martinez and Professor Kesan refer to the thoughtful and very helpful article by Professor Bill Childs at Western New England College of Law on certain aspects of litigation-funded science.

JDP