Daubert article in Michigan Bar journal

"Gatekeeping after Gilbert" by Brian Benner and Ronald Carlson, March 2006 issue of Michigan Bar Journal.

This article discusses Gilbert v Daimler Chrysler Corp. (470 Mich749; 685 NW2d 391 (2004)) and Michigan Rules of Evidence 702 and 703.

In Gilbert, the Michigan Supreme Court imposed gatekeeping responsibility on trial courts. Specifically it directed that an expert be limited to testifying in his of her area of expertise and not drift into other areas. The case involved a social worker who examined the plaintiff's hospital records and testified about the medical prognosis. The Court held "The medical 'prognosis of a social worker who has no training in medicine and lacks any demonstrated ability to interpret medical records meaningfully is of little assistance to the trier of fact."

The dictum of the Supremes is enbodied in Michigan Rules of Evidence 702 and MRE 703. MRE 702 tracks the Federal Rules of Evidence 702 and both are informed by Daubert v Merrell Dow.

MRE 703 however differs from FRE 703. In federal court an expert can rely on out of court documents but in Michigan the expert must base opinions on facts or data that are admitted in evidence at trial.

The authors of the article raise issues concerning written hearsay evidence like supporting reports that many economists use like the 'Dollar Value of a Day' and others.

Witness Box Humor: Worst deposition experience ever!

This has got to be the worst deposition experience ever for all involved! Check out this video of a depostion involving a famous attorney and well respected attorney Joe Jamail and Edward Carstarphen of Ellis, Carstarphen, Dougherty & Goldenthal P.C.

It is hilarious.

http://www.youtube.com/watch?v=e12sqYYLJxA

Unpublished court decisions, expert witnesses, and the future of Daubert

As many already know, the Supreme Court has approved amendments to the Federal Rules of Appellate Procedure that will permit citation of unpublished opinions beginning in 2007. (also see law.com)

According to Blog 702, while there may be fields of legal practice where the change will make little difference there will be areas of expert evidence, where the changes will be noticeable. Economic and related evidence is an area that is esp. likely to be effected.

Blog 702 states that about 40% of all federal appellate opinions addressing the admissibility of expert evidence are currently unpublished. Blog 702 authors believe that after the rules change, there will be a substantial expansion of the body of decisions to search for precedents involving the same expert, or the same field of expertise, or the same issue, or even similar fact patterns.

As the body of (published and unpublished) citable decisions expands, so too does the likelihood of finding decisions on point. All else equal, it would seem, the more guidance on how the court views a given field of expertise the better the situation for experts and attorneys.

Cost of rearing children - new data

Since 1960, the U.S. Department of Agriculture has provided estimates of expenditures on
children from birth through age 17. For the overall United States, child-rearing expense estimates ranged between $10,220 and $11,290 per year for a child in a two-child, married-couple family in the middle-income group.

Here is a link to the latest child-rearing expenses. Click here.