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Microbial contamination litigation: expert witnesses and scientific evidence

Cross, w. H.
2001
In "Bioaerosols, Fungi and Mycotoxins: Health Effects, Assessment, Prevention and Control", Edited by Johanning, E., Boyd Printing, Albany, New York
expert witness testimony; consultants; attorney-client privilege; scientific evidence; admissibility; microbial contamination litigation; Frye; Daubert; Centex.


Cross, w. H., (2001), "Microbial contamination litigation: expert witnesses and scientific evidence", In "Bioaerosols, Fungi and Mycotoxins: Health Effects, Assessment, Prevention and Control", Edited by Johanning, E., Boyd Printing, Albany, New York.
Abstract:
Introduction

about the nuances and gray areas of a case. Expert witnesses benefit a party to a lawsuit by educating the party's attorney, helping to evaluate the case, and assisting in the determination of which elements of the case require proof by other expert witnesses.

Lawsuits regarding microbial contamination revolve around the expert witnesses. These cases are often little more than "battles of the experts," and can be won or lost on the effectiveness of the experts. Effectiveness requires preparation. A prepared but under-qualified expert may prevail over the more qualified but under-prepared expert.

This article addresses the role of an expert witness in the litigation process, especially in microbial contamination cases. It is written from the perspective of California law, and is not intended to be legal advice.


Related Resources:
  • This link has not been checked.Bioaerosols, Fungi and Mycotoxins, Ed. by Johanning, E.
    "papers presented at the September, 1998 Third International Conference in Saratoga Springs, New York. clinical and epidemiological studies and technical reports on an emerging public health topic affecting people in indoor environments at work and at home."


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