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Expert Witness Answer Book (2016 Edition)

Author(s): Terry Budd, Eric R.I. Cottle, Clifton T. Hutchinson
Practice Area: Evidence, Expert witnesses, Litigation, Pre-trial procedure, Witnesses
Date: Apr 2016 i Other versions can be found in the Related Items tab.
ISBN: 9781402426285
PLI Item #: 167137
“A user-friendly, must-own resource for firms engaged in trial litigation, especially those with new attorneys.”
– Stephen A. Braunlich, Colorado Bar Association

“A well-written, well-organized resource for analyzing and handling expert witness issues . . . designed for use in the trenches.”
– Robert Meriwether, Nelson Mullins Riley & Scarborough, LLP

Expert Witness Answer Book walks you through every aspect of this key area, providing, in a direct Q&A format, clear instruction on the legal framework as provided by the Daubert trilogy and subsequent rulings; the qualifications that must be introduced to establish someone as an expert on a particular topic, as well as disqualify him or her; and the pretrial activities of experts, including designation, disclosure, discovery and depositions.

Expert Witness Answer Book provides actionable guidance throughout, with specific chapters on issues confronted by experts in the following areas: products liability, toxic torts, trademarks, patents and copyrights, as well as the economic damages issues in personal injury, commercial damages, and business and property litigation. Forensic issues in criminal cases and the specific issues in fire cases are also discussed.

Written by contributors with many years of trial experience, each chapter includes practical hints on what works in court and what doesn’t. Expert Witness Answer Book is a handy one-volume softcover publication that can be taken with you into court or deposition to get quick answers to questions that must be answered immediately.

Clifton T. Hutchinson is a partner in the Dallas office of K&L Gates where he specializes in complex litigation and scientific expert issues, and is a frequent speaker and author on expert evidence and Daubert challenges. Mr. Hutchinson handles a variety of litigation matters, including significant products liability and toxic tort claims in state and federal trial courts around the country. He has argued complex procedural issues before the U.S. Supreme Court and federal and state courts of appeal.

Mr. Hutchinson helped pioneer the use of gatekeeping to exclude or limit unreliable expert testimony. He was the lead defense counsel in Christophersen v. Allied Signal and successfully argued the case before the en banc Fifth Circuit Court of Appeals. Christophersen established stringent expert reliability rules for federal courts in the circuit, predating the Daubert decision.

Eric R. I. Cottle is engaged in a general litigation and trial practice in federal and state courts as well as before various administrative agencies. Mr. Cottle’s principal areas of practice involve toxic and environmental tort claims arising from exposures to hazards from products or premises. A member of the firm’s Toxic Tort and Product Liability practices, Mr. Cottle serves as both national and local trial counsel for clients facing mass tort claims that are pending in jurisdic¬tions across the United States.

Mr. Cottle oversees the management of toxic tort litigation and the conduct of trials in underlying cases. As trial counsel, he has represented clients in litigation matters pend¬ing in a number of jurisdictions, including Maryland, New York, Ohio, Pennsylvania, and Virginia.

Terry Budd has spent nearly thirty years at K&L Gates as a trial lawyer, defending corporations in complex litigation involving wide-ranging claims such as products liability, toxic tort, securities regula¬tion, financial accounting, intellectual property, and environmental. In that work he has developed and crafted trial and defense strategies for attacking plaintiffs’ claims, challenging plaintiffs’ experts, develop¬ing and presenting defense experts, developing effective jury com¬munication strategies, and examining and presenting trial witnesses. As part of this work, he has served as both “first chair” trial counsel and as a partner to clients in strategic planning for developing and expanding defenses on claims. 

Mr. Budd has lectured extensively around the country on trial tactics, trial strategy, and legal developments in toxic tort law. He has served as co-chair of the ABA Sub-Committee on Environmental/Toxic Tort Claims and as a Master of the American Inns of Court. He has also chaired and lectured at a number of national conferences on asbestos litigation. He is a graduate of the Law School of William & Mary (J.D. 1983) and the State University of New York at Stony Brook (B.A. Philosophy 1980).