The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Saturday, December 22, 2007

Daubert challenges reach new level in Texas

Excerpted from the Austin American Statesman, December 22, 2007 article by Corrie MacLaggan.

In a lawsuit challenging the legality of a $5 tax on strip clubs in Texas, State District Judge Scott Jenkins had to rule on a Daubert/Robinson motion to exclude the expert witness testimony of University of Texas professor Robert Jensen. Prof. Jenson is an associate professor in the school of Journalism and a leading researcher on pornography. In this case, Prof. Jensen testified on behalf of the state.

As in expert witness challenge, the opposing attorney, went into much detail on how Prof. Jensen's work on was directly related to strip clubs. Prof. Jensen testified he had not done specific work on the industry, but testified that his work was generally related to the issues in the case.

The court allowed Prof. Jensen to testify. For more details on the case, see the Austin American Statesman. FYI, the court also upheld the tax.

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