Opinion and Expert Testimony in Federal and State Courts

Transcription

1 Seventh Annual Advanced ALI-ABA Course of Study Features New Directions Opinion and Expert Testimony in Federal and State Courts Thursday-Friday, February 23-24, 2006 San Francisco (Renaissance Stanford Court) Sponsored with the cooperation of the Federal Judicial Center Featuring In-Depth Analysis of: A Trial Judge s Approach to Expert Testimony How Federal and State Courts Are Applying the New Daubert Standards Judicial Analysis of Expert Testimony in Jury and Non-Jury Cases U.S. Supreme Court s Admissibility Standards for Expert Testimony Expert Testimony Trends in Scientific and Non-Scientific Areas in Federal and State Courts Deposition of Experts: Techniques and Problem Areas Motions In Limine and Summary Judgment Practice Involving Expert Testimony The Interplay Between Federal and State Practice in Applying Expert Testimony How To Deal with a Multitude of Experts in Mass Tort Litigation Use of Court-Appointed Experts and Judicial Advisors The Implications of Kumho Tire, Joiner, and Frye Direct and Cross-Examination of Experts at Trial Malpractice Claims Against Expert Witnesses Expert Spoliation Appellate Review of Expert Testimony Effective Use of Experts An Overview of the Reference Manual on Scientific Evidence, 2d. Ed. Daubert Hearings in Mass Torts Federal-State Proceedings

2 SCOPE AND PURPOSE The U.S. Supreme Court, in a series of cases over the past few years, has dramatically changed how expert testimony, involving scientific, technical, and other specialized knowledge evidence, is presented in federal courts. A number of state courts have adopted the federal standards, while others have rejected or modified them. There have been thousands of reported Daubert decisions in the federal courts. In this annual advanced course of study, comprising almost 14 hours of instruction, a faculty of highly experienced judges, litigators, and law professors examines the U.S. Supreme Court s admissibility standards for expert testimony; how the federal and state courts are applying the new Daubert standards; the interplay between federal and state practice in the mass tort and expert arena; the increasing role of motions in limine and their interrelationship with summary judgment; winning techniques and problem areas in the selection of experts and in taking and defending their depositions; expert spoliation; courts use of court-appointed experts and judicial advisors; the implications of Kumho Tire, Joiner, and Frye; new federal evidentiary changes dealing with expert and lay opinion testimony and their likely effect on trials; direct and cross-examination of experts at trial; and appellate review of expert testimony. The program includes a video presentation of a Daubert hearing in a federal-state proceeding, and considers how to deal with a multitude of experts in mass tort litigation. In addition, the faculty discusses the Federal Judicial Center s Reference Manual on Scientific Evidence, Second Edition. PROGRAM PLANNING COMMITTEE (also on faculty) Barbara Jacobs Rothstein, Director, Federal Judicial Center, Washington, D.C.; U.S. District Judge Joe S. Cecil, J.D., Ph.D., Director, Scientific Evidence Project, Federal Judicial Center, Washington, D.C. Sol Schreiber, Milberg Weiss Bershad & Schulman LLP, New York FACULTY Judges Harold Baer, Jr., U.S. District Judge, New York Charles R. Breyer, U.S. District Judge, San Francisco Ralph Adam Fine, Judge, Wisconsin Court of Appeals, Milwaukee M. Margaret McKeown, U.S. Circuit Judge, San Diego Anthony J. Mohr, Judge, Los Angeles Superior Court, Los Angeles Manuel L. Real, U.S. District Judge, Los Angeles William W Schwarzer, Senior U.S. District Judge, San Francisco Litigators, Law Professors, and Expert Witnesses Andrew T. Berry, McCarter & English, LLP, Newark, New Jersey Bert Black, Lockridge Grindal Nauen P.L.L.P., Minneapolis David F. Herr, Maslon Edelman Borman & Brand, LLP, Minneapolis Debra E. Pole, Sidley Austin Brown & Wood, Los Angeles Ellen Relkin, Weitz & Luxenberg, New York Gita F. Rothschild, McCarter & English, LLP, Newark, New Jersey Steven A. Saltzburg, Wallace and Beverley Woodbury University Professor of Law, George Washington University Law School, Washington, D.C. Steven G. Schulman, Milberg Weiss Bershad & Schulman LLP, New York Laurie Strauch Weiss, Orrick, Herrington & Sutcliffe LLP, New York

3 PROGRAM Thursday, February 23, :00 a.m. Registration and Continental Breakfast 8:45 a.m. Introductory Remarks and Course Overview Morning Panel I: Mr. Schreiber, Chair; Judges Breyer, Real, and Rothstein; Professor Saltzburg; Mr. Berry; and Ms. Relkin 9:00 a.m. A Trial Judge s Approach to Expert Testimony Judge Breyer 9:25 a.m. Expert Testimony Trends in Federal Practice Professor Saltzburg 10:10 a.m. Effective Techniques and Problem Areas in Depositions Involving Expert Testimony Plaintiffs Strategy Ms. Relkin Defendants Strategy Mr. Berry 11:00 a.m. Networking Break Morning Panel II: Mr. Schreiber, Chair; Judges Baer and Fine; Mr. Berry; and Mss. Relkin and Rothschild 11:15 a.m. A Judge s Approach to Problems in Depositions Involving Expert Testimony Judge Baer 11:50 a.m. Direct Examination of Experts at Trial Judge Fine 12:30 p.m. Lunch Break Afternoon Panel I: Mr. Schreiber, Chair; Judges Real and Schwarzer; Messrs. Berry and Herr; and Mss. Relkin and Strauch Weiss 2:00 p.m. Malpractice Claims Against Expert Witnesses Ms. Strauch Weiss 2:30 p.m. Motions in Limine and Summary Judgment Practice Pertaining to Expert Testimony Defendants Approach Mr. Berry Plaintiffs Approach Ms. Relkin 3:35 p.m. Networking Break Afternoon Panel II: Judge Rothstein, Chair; Judge Mohr; Messrs. Black and Cecil; and Mss. Relkin, Rothschild, and Strauch Weiss 3:50 p.m. Expert Spoliation Ms. Strauch Weiss 4:20 p.m. Overview of the Federal Judicial Center s Reference Manual on Scientific Evidence, Second Edition Mr. Cecil 5:15 p.m. Scientific Evidence: Analysis of Epidemiology and Toxicology Mr. Black 6:00 p.m. Adjournment for the Day Friday, February 24, :00 a.m. Continental Breakfast Morning Panel: Mr. Schreiber, Chair; Judges Fine and Rothstein; Professor Saltzburg; and Mss. Rothschild and Strauch Weiss 8:30 a.m. Court-Appointed Experts and Judicial Advisors Judge Rothstein 9:15 a.m. Opinion Testimony by Lay Witnesses (FRE 701) and Bases of Opinion Testimony by Experts (FRE 703) Ms. Rothschild 10:00 a.m. Networking Break 10:15 a.m. Expert Testimony Trends in State Practice and the Uniform Rules of Evidence Professor Saltzburg 11:00 a.m. Cross-Examination of Experts at Trial Judge Fine 11:45 a.m. Lunch Break Afternoon Panel: Mr. Schreiber, Chair; Judges McKeown, Mohr, Rothstein, and Schwarzer; Ms. Pole; and Messrs. Herr and Schulman

4 1:15 p.m. Appellate Review of Expert Testimony A Circuit Court Judge s View Judge McKeown A Trial and Appellate Lawyer s View Mr. Herr 2:15 p.m. Effective Presentation of Defendants Experts and Cross- Examination of Plaintiffs Experts Before Juries Ms. Pole 3:00 p.m. Networking Break 3:15 p.m. Effective Presentation of Plaintiffs Experts and Cross- Examination of Defendants Experts Before Juries Mr. Schulman 4:00 p.m. The Interplay Between Federal and State Practice in Multi- Party Litigation Involving Expert Testimony Judges Mohr and Rothstein 5:00 p.m. Adjournment Notes: Times are subject to minor change. The discussions include at least one full hour on ethics and professional responsibility issues, accepted as such by most, but not all, MCLE jurisdictions. There is a panel discussion after each presentation. Total 60-minute hours of instruction: REGISTRATION 800-CLE-NEWS Tuition for this course is $995. Tuition entitles registrants to admission to all sessions, a set of study materials, and Continental breakfasts and refreshment breaks daily. To register, simply return the form provided, with payment; or register with a credit card by: Phone: 800-CLE-NEWS ( ) FAX: Internet: Registrations will be accepted at the door if space is available, but please call in advance to avoid disappointment. All course accounts must be settled by the first session of the course to assure admittance to the classroom. Newly admitted lawyers (within the past two years) and retired senior lawyers (65 and over) are eligible for a 50% tuition discount and should include a note explaining their eligibility. Discounts may not be combined. Services for Persons with Disabilities: If special arrangements are required for an individual with a disability to attend this program, please inform ALI-ABA of any special needs at least two weeks in advance. CANCELLATIONS Cancellations received no later than February 17 will be honored and tuitions refunded, less a $50 cancellation fee. Cancellations received by noon February 22 also will be honored and tuitions refunded, less a $100 cancellation fee. Telephone cancellations (800-CLE-NEWS) will be honored under the above time limits and terms, but must be confirmed by letter; all requests for refunds must be received in writing and must be postmarked no later than February 27. HOTEL ACCOMMODATIONS A limited block of rooms has been reserved at the Renaissance Stanford Court Hotel. Room rate: $185 per night, single or double occupancy. These rooms will be held as a block, unless exhausted, until February 1, at which time they will be released to the general public. Registrants must make their own hotel reservations and indicate that they are attending the ALI-ABA Course of Study to qualify for rooms in the block. Room reservations may be made by calling or writing to Renaissance Stanford Court, 905 California Street, San Francisco, CA 94108; phone (415) or (800) ; FAX (415) Confirmations will be sent by the hotel. Please read the cancellation policy carefully. ADDITIONAL INFORMATION AND WEB REGISTRATION For further information write Alexander Hart, Director, Courses of Study, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA ; or telephone (215) or (toll free, U.S. and Canada only) (800) CLE-NEWS ( ), extension To view full details and updates and/or register online, please go to

5 Here s what registrants have said about recent presentations of this course: This was the best CLE I ve ever attended. Excellent program. Extremely valuable to hear from so many different perspectives. Wonderfully articulate panel members. Panel made up of exceptional individuals in their field. I can t imagine a better selection of heavy hitters and people directly involved at the forefront of the subject of this seminar. Really appreciated all the judges and especially the representation of plaintiff s attorneys. Very, very helpful seminar. The quality of instructors is amazing. The bios alone make the tuition for this seminar seem minute. All of the speakers were kind, knowledgeable, and approachable. I felt like we were all working towards a common goal. This was truly a high quality seminar. Also the seminar was extremely well organized. As an expert witness I had a unique perspective on this course. I found the content and faculty to be informative and excellent. I found the material to be very current and will apply much of it in my practice. CAN T ATTEND? ORDER THE STUDY MATERIALS! Each registrant receives a copy of the Federal Judicial Center s Reference Manual on Scientific Evidence (Second Edition, 2000), published and contributed by Matthew Bender & Co., Inc., a part of LexisNexis. Each registrant also receives a book of specially prepared study outlines and related materials. To order these materials separately, along with the Manual, for $229, please use the form provided; shipping and handling are free! AUDIOCASSETTE TAPES and AUDIO mp3 CD-ROMs of the May 2005 presentation of this course are available with the May 2005 written study materials for $499, about one-half the tuition. Recordings are nonreturnable, but will be replaced if defective. To order, please see the form; shipping and handling are free! NETWORKING OPPORTUNITIES Networking is an important reason to attend this and every other ALI-ABA course of study. The registrants for last year s presentation of this course came from 28 states! DISCOUNTED AIRFARES For ALI-ABA discounted airfares, please call UNITED at (800) , re: File #535DG. Restrictions may apply. TUITION ASSISTANCE Tuition assistance for ALI-ABA courses, based on need, is available on application. We are particularly interested in applications from minority lawyers, public interest lawyers, government lawyers, and recently admitted solo practitioners. To apply, please request an application form from ALI-ABA, or go to All applications must be received by mail no later than three weeks before the course begins. FAX copies are not acceptable. Applications must be accompanied by a $25 nonrefundable processing fee (waived for fulltime J.D. candidates). MANDATORY CLE AND CPE CREDIT Virtually all ALI-ABA Courses of Study are fully accredited in mandatory continuing legal education (MCLE) jurisdictions (including California) for varying numbers of credit hours. To obtain specific information on CLE, CPE, or other professional accreditation of this course, please contact ALI-ABA, or go to OTHER ALI-ABA COURSES OF STUDY Evidence Issues and Jury Instructions in Employment Cases February 9-11, 2006, Washington, D.C. Electronic Records Management and Digital Discovery May 18-20, 2006, Chicago Civil Practice and Litigation Techniques in Federal and State Courts May 31-June 2, 2006, Charleston, South Carolina

6 Seventh Annual Advanced ALI-ABA Course of Study February 23-24, 2006, in San Francisco Opinion and Expert Testimony in Federal and State Courts NAME (please print) FIRM STREET ADDRESS SUITE/FLOOR NUMBER CITY STATE ZIP+4 PHONE ( ) SIGNATURE ADDRESS ADDRESS CHANGE? Go to Please include key code, below, when you register or order. Thank you. American Law Institute-American Bar Association Continuing Professional Education 4025 Chestnut Street, Philadelphia, PA Key code CL084LMOF Printed on recycled paper Nonprofit Organization U.S. Postage PAID Lancaster, PA Permit Number 1274 COURSE REGISTRATION FORM To register or order please clip, fill out, and mail this form together with payment to American Law Institute-American Bar Association Continuing Professional Education: REGISTRAR, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA Please attach names and addresses of additional registrants. Payment by check or credit card should accompany order or registration. Advance confirmation recommended for door registration. Save time when registering or ordering by credit card. Send your completed coupon to ALI-ABA by FAX: (215) Please do NOT duplicate previously FAXed registrations or orders via mail or phone. To register or order by phone using a credit card, please call: CLE NEWS. To register or order via the Internet using a credit card, visit Please enter registration(s) for the ALI-ABA Course of Study, Opinion and Expert Testimony in Federal and State Courts, February 23-24, 2006, in San Francisco. Tuition: $995. CL084 I cannot attend this course. Please send me: Audiocassettes of the May 2005 presentation of the program, including the May 2005 course materials, for $499. AK075 Audio mp3 CD-ROM of the May 2005 presentation of the program, including the May 2005 printed course materials, for $499. AK075CD 2006 course materials (including the Reference Manual on Scientific Evidence, 2d ed.) for $229, available in early March. SL084 15% Discount for ALI-ABA In-House Members My office is a member of ALI-ABA In-House. Payment is in the amount of the stated tuition or price, minus 15%. For more information about ALI-ABA In-House, visit $ Total Check enclosed (payable to ALI-ABA) PA residents only, add 7% sales tax to total amount (excluding course registrations). Please charge to my credit card : AMEX DISCOVER MasterCard VISA Card no.: Card expiration date: