Behind The Curtain: Technical Advisers In Complex Cases

Law360, New York (May 27, 2016, 3:17 PM EDT) -- Christopher S. Finnerty

Morgan T. Nickerson

Jason C. Weida Complex litigation today often requires a working knowledge of intricate aspects of social and natural sciences. While a litigant can educate herself on the relevant science by retaining a consulting expert, the federal rules provide no such mechanism for the judge who will preside over, if not also decide, a complex technical dispute. What can a judge in such a case do to educate herself on the relevant science? An increasingly common answer is to appoint a technical adviser.

What a Technical Adviser is Not

A technical adviser is not a court-appointed...

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