Author - John Shepherd - Summer
1998
Science in the
Courtroom. This web publication contains some background on the case that will
be familiar to you, and a summary of the Supreme court decisionthat may help you read the
decision itself. Toward the end of the article, it assesses the consequences of the
decision and has a short review of "the real tragedy of Bendectin."
Excerpts from legal opinions and briefs:
- US District Court of the
Southern District of California The defendants (Merrell-Dow) were granted summary
judgement, ie., the Daubert case was dismissed because they could not establish the
likelihood that Bendectin caused these birth defects.
- US Ninth Circuit Court of
Appeals The Dauberts appealed the District court decision, asking that the lower court
be directed to reconsider the case. their appela was denied. The decision
reviews the issues involved indecided which expert scientific testimony should hold sway
in the courts.
- Petitioners' (Daubert)
Brief before US Supreme Court asking for the 9th Circuit ruling to be overturned.
- Respondents' (Merrell-Dow)
Brief before US Supreme Court asking for the 9th Circuit ruling to be upheld.
- Petitioner's (Daubert)
Reply to M-D Brief.
- Friends of the Court (Amici Curiae) Briefs filed as part
of the Supreme Court Appeal.
- Carnegie
Commission on Science, Technology and Government, in support of neither party
- Daryl Chubin, et al,
in support of petitioners
- Ronald Bayer, et al,
in support of petitioners
- Nicolaas
Bloembergen, et al, in support of respondents
- AAAS/NAS, in
support of respondents
- NEJM/JAMA/AIM,
in support of respondents
- Federal
Rules of Evidence 702 & 703
- Frye v United States - 1923 US Supreme Court
Decision was the basis of the Frye rule, which allowed admissibility of "generally
accepted" scientific evidence.
- Supreme Court Daubert Decision This is the
unedited Court's opinion.
