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.)
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.)
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.)
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.)
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 $7.50 | Discounted ISBN 978-1-4243-0716-6
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. (Field, 2010, 36 pp.)
Federal Rule 702 is perhaps the most important rule governing expert testimony in the federal courts. Dr. Field in this discussion reviews and discusses each phrase of the 702 Rule and illustrates the impact of testimony with actual cases reported from the federal courts. An extensive discussion of the Kumho ruling is presented as this ruling impacted significantly the admissibility of testimony. The discussion is supplemented with the inclusion of the three rulings with critical language in the rulings underlined for emphasis. Also included is a section on the revised Rule 702 which is referred to as the 2000 Amendment. (Field, T., 60 pp., 2011).
Pertinent to the work of the rehabilitation expert, the topics of disclosure (depositions and trial preparation) include initial disclosure, time of disclosure, scope and limits of discovery, electronic and information. The appendices contain the relevant sections of each of the rules (26, 34 & 37). This resource is a practical guide for the expert to follow in the development of cases for either deposition or trial. (Field & Jayne, 2012, 36 pp).
The content presents and discusses many of the historical events surrounding the initiation of the role of the Vocational Expert within the rehabilitation profession. Section headings include: the Early Years (1965-1970), the Rehabilitation Expansion Years (1965-1980), the Evaluation Interval (1975-1985), the Compensation Era (1980-1990), the Methodology Phase (1980-2000), the Daubert Decade (1994-2005), and the Forensic Maturation Years (2000-present). The appendices include information on the selection of VEs in SSA, and a summary of relevant rulings, and a case that illustrates the work of a VE in the contemporary era. ( Field, 2014, 44 pp).
This booklet is a discussion of the Affordable Care Act, collateral sources, and tort reform all of which impact the work of the forensic rehabilitation consultant and, in particular, the life care planner. The major issue revolves around the estimation of life care planning damages which are impacted by reductions and set-asides on the final damage award. Life care planners, as illustrated by several court cases, may be expected with increasing frequency to provide two or more scenarios of a life care plan. The defendant’s interest in collateral sources as a means to reduce damage awards is real and with tort reform, all life care planners should expect to be asked to provide additional cost estimates on medical services and goods. (Field, Choppa, & Johnson, 2015, @40 pp).
The inventory of book titles with E & F consists of several books that have become somewhat dated and not likely to be revised and updated in the future. These book titles are valuable for their historical content and/or contain information that is still relevant today. please look for the following notation for the titles that are discounted 50% and will remain available as long as the supply lasts for each title "Discounted."
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