Trials and Appeals
David P. Herrick has written a book chapter, several articles, and spoken at legal seminars on topics relating to scientific expert testimony at forums throughout the United States.
"The Daubert Challenge," Defense Asbestos Litigation Seminar, Defense Research Institute, New Orleans, Louisiana, 2019.
"The Daubert Standard and 'Abuse of Discretion,'" Zephyr Currents, January, 2015.
Contributor: "A Texas Success Story: Asbestos and Silica Lawsuit Reform," Texas Civil Justice League Special Report, 2011.
Expert witness on proposed legislation seeking to limit Daubert's application in the mesothelioma context, Texas House of Representatives, Committee on Judiciary & Civil Jurisprudence, May 26, 2010.
"Daubert/Havner Issues in MDL Toxic Tort Litigation," Mealey's Toxic Tort Update:Texas, Irving, Texas, 2006.
"Daubert, Lost Profits, and the 'Lay' Expert Witness," Commercial and Business Litigation Journal, American Bar Association, Spring, 2005.
"Defending the Daubert Objection," 22nd Annual Asbestos Medicine Conference, Defense Research Institute, Phoenix, Arizona, 2001.
"Procedural and Substantive Considerations Relating to Daubert and Robinson," University of Texas Law School, 5th Annual Evidence and Procedure Symposium, Austin, Texas, 2000.
Chapter: "Application of Admissibility Standards to Specific Areas of Expertise: Medical Doctor," in Challenging Expert Witness Testimony, International Association of Defense Counsel, LexisNexis Publishing, 2000.
"Practical Tips on Admitting or Challenging Expert Testimony: Plaintiff and Defense Perspectives," University of Texas Law School, 23rd Annual Page Keeton Products Liability and Personal Injury Conference, Austin, Texas, 1999.
Co-author: "Science and Expert Opinion: A Response to the Attack upon Judge Jones and the Hall Opinion," Mealey's Publications, 1998.
"Essentials of Daubert: Demonstrations and Discussions from Lawyers who are Handling the Cases that will Shape the Role of Expert Scientific Proof for Years to Come," ABA Torts & Insurance Practice Section Annual Meeting, San Francisco,California, 1997.
"Recent Daubert Developments," Mealey's Drug and Medical Device Conference,West Palm Beach, Florida, 1997.
"The Admissibility of Scientific Evidence after Daubert," ABA Toxic and Hazardous Substances and Environmental Law Committee CLE Spring Meeting, Chandler,Arizona, 1997.
"Daubert and Robinson: A Defense Lawyer's Perspective," South Texas College of Law, Ninth Annual Advanced Personal Injury Law Conference, Houston, Texas, 1996.