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On Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit, Brief Of Law Professors As Amici Curiae In Support Of Respondent, Gregory P. Warger, V. Randy D. Shauers, Susan Crump, Bennett Gershman, Victor Gold, Paul F. Rothstein, Ben Trachtenberg

U.S. Supreme Court Briefs

Petitioner asks this Court to interpret Fed. R. Evid. 606(b) as permitting statements made by jurors during deliberations to be admitted to support a motion for a new trial. The practical consequences of petitioner’s rule would be significant and problematic, not only fundamentally altering the purpose and practice of voir dire, but also providing a new, fact driven, basis for post-trial motions. These expanded proceedings would place substantial additional burdens of courts, lawyers and jurors alike. In light of existing mechanisms to ensure juror honesty and impartiality, petitioner’s rule would disrupt a well-functioning system for little to no benefit.

On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit, Brief Of Law Professors Paul F. Rothstein, Et. Al., Office Of The President V. Office Of Independent Counsel, Paul F. Rothstein, Ronald J. Allen, Margaret A. Berger, William J. Bridge, Paul C. Giannelli, Stephen Gillers, Laird C. Kirkpatrick, David P. Leonard, Miguel A. Mendez, Roger C. Park, Myrna S. Raeder, John W. Reed, Mark Reutlinger, Leo M. Romero, Stephen A. Saltzburg, Peter Tillers

U.S. Supreme Court Briefs

This Court should grant review not only because this is a case of national importance and prominence, but also because the decision below is a conspicuous departure from settled principles of evidence law. The panel majority concluded that communications between government lawyers and government officials are not protected by the attorney-client privilege, at least when those communications are sought by a federal grand jury. That conclusion conflicts with the predominant common-law understanding that the attorney-client privilege applies to government entities and that where the privilege applies, it is absolute (i.e., it protects against disclosure in all types of legal and …

On Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Brief Of Product Liability Advisory Council, Inc., National Association Of Manufacturers, Business Roundtable, And Chemical Manufacturers Association As Amici Curiae In Support Of Respondent, William Daubert And Joyce Daubert, Individually And As Guardians Ad Litem For Jason Daubert, And Anita De Young, Individually And As Gaurdian Ad Litem For Eric Schuller V. Merrell Dow Pharmaceuticals, Inc., Paul F. Rothstein, Victor E. Schwartz, Robert P. Charrow, Scott L. Winkelman, Edward C. Wu, Richard Duesenberg, David F. Zoll, Donald D. Evans, Jan S. Amundson, Edward P. Good

U.S. Supreme Court Briefs

The Federal Rules of Evidence exclude expert scientific testimony when it has been developed without regard for accepted scientific methods.

This case focuses on expert scientific evidence. Such evidence plays a vital and often dispositive role in modern litigation. For scientific evidence to be helpful to the factfinder it must meet some minimal threshold of reliability. To hold otherwise would be to allow a system of adjudication based more on chance than on reason.