Use Your Most Valuable Tool to Winning Dubert Motions—Your Causation Expert
Experts can effectively assist with early case assessment, deposition preparation, and disqualification motions.
By Michelle Molinaro Burke and Eric L. Probst
In too many cases, plaintiff and defense counsel simply go through the motions of hiring experts with the shortsighted goal of having them draft reports and testify at trial. However, in toxic tort cases, there are many ways for toxicologists and epidemiologists to be called upon to assist attorneys at each stage of the case, beyond merely preparing reports. These valuable experts can also effectively assist with early case assessment, deposition preparation, and disqualification motions. This article describes the role of toxicologists and epidemiologists in litigation and then addresses the different roles these experts can play, including assisting with deposition preparation and strategizing with counsel on drafting motions to exclude adverse experts from testifying.