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Expert Witness Answer Book (2019 Edition)

Author(s): Terry Budd, Eric R.I. Cottle, Clifton T. Hutchinson, Bert Black
Practice Area: Evidence, Expert witnesses, Litigation, Witnesses
Date: Jun 2019 i Other versions can be found in the Related Items tab.
ISBN: 9781402433610
PLI Item #: 267536

Expert Witness Answer Book walks you through every aspect of this key area of litigation, providing, in a direct Q&A format, guidance on applying the legal framework set out by the Daubert trilogy and subsequent rulings; qualifying, as well as disqualifying, a witness as an expert on a particular topic; and conducting the pretrial activities involving experts, including designation, disclosure, discovery and depositions.

Expert Witness Answer Book includes practice-specific chapters on issues confronted by experts in cases involving: products liability, toxic torts, trademarks, patents, copyrights, defamation, employment, and fire, as well criminal matters. It includes dedicated chapters on the role of expert testimony in calculating personal injury and commercial damages, and business and property valuation.

Written by contributors with many years of trial experience, each chapter includes practical tips on what works in court and what doesn’t. Expert Witness Answer Book is a one-volume softcover publication that trial attorneys can easily take with them into court or a deposition for on-the-spot answers to questions that arise during proceedings.

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.

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).

Bert Black has been practicing law for almost forty years. His current cases are mostly in the areas of employment law and consumer protection litigation. Before attending law school at Yale he worked for several years as an engineer, and over the course of his career many of his cases have involved complex scientific, statistical, and financial issues. His statistical skills are often helpful in employment discrimination cases. He was counsel on amicus briefs filed by clients such as the National Academy of Sciences and the American Association for the Advancement of Science in several U.S. Supreme Court cases that redefined the standards for admitting scientific and other expert testimony.

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.