It’s My Expert, And I’ll Call Her If I Want To

Law360, New York (April 25, 2013, 10:32 AM EDT) -- In virtually all product liability trials, the defense faces the strategic decision of which, and how many, expert witnesses to call in its case-in-chief. In light of the unpredictability of trial, the defense often cannot accurately predict in advance which experts it will need. Typically, the defense is armed with at least four or five potential experts, including a general causation expert, specific causation expert, regulatory expert and subspecialty expert.

As the defense opens its case, the trial team weighs the pros and cons of calling...
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