Reprinted with permission from Scientific Evidence Review: Admissibility and the Use of Expert Evidence in the Courtroom, Monograph No. 9, available for purchase from: http://apps.americanbar.org/abastore/index.cfm?pid=5450066§ion=main&fm=Product.AddToCart 2013© by the American Bar Association. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. CHAPTER XII EXPERT EVIDENCE IN THE DISTRICT OF COLUMBIA* by Christine G. Rolph Scott C. Jones Latham & Watkins LLP 555 Eleventh Street, N.W., Suite 1000 Washington, D.C. 20004 (202) 637-3367
[email protected] [email protected] A. EXPERT EVIDENCE IN THE DISTRICT OF COLUMBIA CIRCUIT 1. Key Decisions Applying Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993) The Supreme Court’s treatment of expert testimony issues in Daubert was consistent with prec- edent in the D.C. Circuit. As such, Daubert did not unsettle expert evidence practice in the jurisdic- tion. The lead case applying Daubert in the D.C. Circuit is Ambrosini v. Labarraque, 101 F.3d 129 (D.C. Cir. 1996) [hereinafter Ambrosini]. This section begins by discussing the Ambrosini decision. Next, it provides detail on a number of related expert testimony cases in the D.C. Circuit. Finally, the section turns to a discussion of the procedural rules regarding expert testimony which are relatively unique to the D.C. Circuit. a. Ambrosini v.