The “Rothman” Amicus Brief in Daubert v. Merrill Dow Pharmaceuticals

“Then time will tell just who fellAnd who’s been left behind”                   Dylan, “Most Likely You Go Your Way” (1966)   When the Daubert case headed to the Supreme Court, it had 22 amicus briefs in tow. Today that number is routine for an appeal to the high court, but in 1992, it was a signal of intense interest in the case among both the scientific and legal community. To the litigation industry, the prospect of judicial gatekeeping of expert witness testimony was an anathema. To the manufacturing industry, the prospect was precious to defend against specious claiming. With the benefit of 25 years of hindsight, a look at some of those amicus briefs reveals a good deal about the scientific and legal acumen of the “friends of the court.” Not all amicus briefs in the case were equal; not all have held up well in the face of time. The amicus brief of the American Association for the…

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