33rd / 424th District Courts

Last year I presented a brief outline of analytical and research aids in dealing with Robinson/Daubert challenges. The scope of that presentation was limited thusly:

The scope of this presentation is limited to discussion of a useful tool for analyzing an expert challenge, a bibliography of Texas Supreme Court cases, and explanation of the Court’s concern over procedural aspects of making and hearing the challenge to the expert.

The analytical worksheet and table of authorities from last year's paper are included in this paper.

The object of this year's paper was to explore the matter further, with an emphasis on the issues of Kumho Tire and it's emphasis on truly analyzing the offered expert opinion for reasonableness. Part of my concern is that all to often lawyers and judges attempt to approach the Daubert problem in too much of a checklist fashion – possibly aided and abetted by such tools as my own checklist. It's not that simple.