E&F Publications Catalog
The Daubert Series
Admissible Testimony: A Content Analysis of Selected Cases Involving
Vocational Experts with a Revised Clinical Model for Developing Opinion
This booklet addresses the legal background of recent court rulings
(Daubert, Kumho, & Joiner) along with the Federal Rule Evidence 702
regarding the critical issues of admissible testimony. Thirty-two
cases involving forensic rehabilitation experts are reviews in light
of these rulings where the issue of admissibility was considered.
Approximately one-half of the cases were disallowed. The discussion
includes an analysis of what went wrong with some practical suggestions
for how to do it correctly. Major emphasis is on the importance for
Rule 702 and a clinical model for developing opinion. (Field, T. &
Choppa, A., 2005, 48 pp.)B10 $10.00 ISBN 0-945019-97-1
The Daubert Challenge: From Case Referral to Trial
This publication tells a story -- a story of one vocational experts
(Choppa) journey through his role in a large class action lawsuit.
Following a legal backdrop to the issues regarding testimony under
Daubert and Kumho, Choppa provides the setting for the two-year legal
journey. Relevant sections of his deposition are presented which is
then followed by the Daubert challenge (actual verbatim copy), the
plaintiffs response, the defenses reply, a summary of a pre-trial
hearing, and finally the judgement. This is the kind of story often
heard about, but rarely presented in such a definitive manner. The
content also serves as a blueprint of how vocational experts can present
their findings and survive the Daubert challenge. (Choppa, A., Field,
T. & Johnson, C., 2006, 76 pp.)To receive CEU credit (CCM, CRC & CDMS) for this book, Click HERE.
B11 $15.00 ISBN 0-945019-99-8
Methods and Protocols: Meeting the Criteria of General Acceptance and Peer Review Under Daubert and Kumho
Kumho, following Daubert, emphasized the requirement of meeting methodological
standards in developing testimony. This resource identifies methods
and approaches which have been developed by rehabilitation professionals
over the last couple of decades that have been published in peer reviews
sources, and have been generally accepted by the forensic rehabilitation
community. The identified methods cover a wide range of topics from
interviewing, plan development, TSAs and job analysis, estimating
lost earnings, life care planning, and much more. The closing section
identifies protocols (worksheets, checklists, etc.) which are often
used by professionals. All items are carefully documented so that
the reader may gain more detailed information on each of the entries.
(Field, T., Johnson, C., Schmidt, R. & Van de Bittner, E., 2006, 72
pp.)B12 $15.00 ISBN 0-945019-98-x
Rules, Civil Procedure, and Evidence: A Guide For The Forensic Rehabilitation Consultant
This booklet is a resource guide for consultants on relevant rules,
civil procedures and evidence. While court cases such as the Daubert
and Kumho rulings are important to consider, the rules may be even
more important. It is a fact that the courts opinion in all of the
major rulings specifically addressed and predicated the arguments
to include the federal rules, and especially FRE 702. This resource
both presents and discusses the rules and considerations in the formulation
of expert opinion by the rehabilitation consultant. The discussion
and recommendations make sense and should be considered by all experts
in our field. (Stein, 2006, @48 pp.)B13 $10.00 ISBN 978-1-4243-0717-3
Life Care Planning in Light of Daubert and Kumho
This booklet is an excellent presentation of expert work in the area
of life care plans. The early chapter consists of an extensive review
of actual cases involving the life care planning expert. Cases are
summarized, including a review of what the expert presented with the
disposition thereof by the court. Mistakes were made, along with
many good things done by the experts. This case review section is
accompanied by relevant information such as a scope and standards
of practice, published resources, a reprint of a critical case involving
the admissibility of expert opinion by a life care planner, and finally
a list of specific recommendations for the expert to consider in light
of the Daubert and Kumho rulings. (Weed & Johnson, 2006, @76 pp.)B14 $15.00 ISBN 978-1-4243-0716-6
Admissible Testimony and Clinical Judgment: The Development of Resources to Support and Sustain Opinions in Forensic Rehabilitation.
This booklet presents a discussion of issues related to admissible testimony along with a state-by-state summary of the rulings (Frye, Daubert, or other) that state's have adopted for such testimony. Additional sections include summaries of actual cases to illustrate how the courts have addressed a variety of issues and topics related to VE testimony. A separate section provides a working knowledge of clinical judgment for the forensic rehabilitation professional. Five detailed cases are discussed relative to the issue of clinical judgment.B15 $10.00 ISBN #(none)