Herrick & Associates specializes in scientific expert
testimony. Herrick has pursued Daubert objections to "junk
science" expert testimony in a variety of mass tort contexts, including
the silicone breast implant, fen/phen diet drug, and asbestos litigations.
Herrick had what one Texas Lawyer article characterized as some "stunning
successes" on behalf of his clients. Herrick won the first Daubert
hearings in both the breast implant and fen/phen litigations, and obtained the
first Daubert appellate victory in the breast implant litgation. Herrick
also obtained several rare Daubert wins in the asbestos litigation: the
first appellate decision nationally rendering judgment for an asbestos
defendant on Daubert grounds, the first ruling in
Herrick has been responsible for locating and working with expert witnesses in
order to develop the "science" themes to be used at trial and on
appeal. Herrick currently is a member of the national science team for one of
his asbestos clients; he had a similar role in both the breast implant and
fen/phen litigations. As a result of this experience, Herrick is a recognized
expert on Daubert and scientific evidence who frequently speaks on the
issue at professional forums at both the state and national level. Herrick also testified about Daubert as an expert witness before the Texas House Committee on Judiciary & Civil Jurisprudence.
Herrick & Associates also has an active appellate practice. In addition to
handling cases on appeal, Herrick is retained to assist trial counsel with
complex legal issues arising during trial in order to preserve or avoid
appellate complaints. He has been called upon to handle dispositive motions
such as summary judgment and
Daubert objections, mandamus actions, and
motions to recuse and/or disqualify. Herrick also handles traditional appellate
functions during trial such as preparation of the jury charge and the
post-verdict process.