Preliminary Sections

• Author: David J. Galluzzo
• Pages: 1-18

QUALIFYING & ATTACKING

EXPERT WITNESSES

BY DAVID J. GALLUZZO

HIGHLIGHTS

Make the most of your expert’s testimony and expose the flaws in the opposing expert’s testimony with Qualifying

and Attacking Expert Witnesses. This edition adds extensive text on expert disclosures and reports, including tips,

checklists, and analysis of dozens of recent cases. New material covers:

Post-Daubert Trilogy Developments

• Does the Trilogy Liberalize or Restrict Expert Testimony?

• Focus Is on Principles and Methodology, Not Conclusions

• Expert’s Lack of Particularized Expertise or Specific Experience

• Expert’s Reliance on Peer-Reviewed Journals

• Whether the Expert’s Testimony Comes from Research Independent of Litigation

• Expert’s Failure to Adhere to Customary Methods

• Where Expert Testimony Based on Experience or Training

• Summary of Key Points Regarding the Daubert Trilogy and Rule 702

• Exemplary Cases and Appellate Decisions

The Roundup® Cancer Lawsuits: a Case Study in Daubert and Daubert-Like Analyses

• The Inconsistent Science

• Roundup® Litigation in California

• California State Courts Apply the Sargon Analysis

• The Sargon Hearing

• Roundup® Litigation in Federal Courts

• Federal Courts Apply the Daubert Standard

• Problems with Plaintiffs’ Expert Evidence

• Court’s Consideration and Analysis of the Evidence

• Bifurcation of Evidence of Corporate Misconduct

• Summary of Key Points regarding the Roundup® Litigation

• Tips for Mounting a Daubert Challenge and Surviving a Daubert Challenge

Statistical Experts: the Frequentist and Bayesian Varieties

• Frequentist (Classical) Statistics

• PValues, Statistical Significance, and Sample Size

• Applications of Frequentist Statistics

• Bayesian Statistics and Legal Applications

• Summary of Key Points regarding Statistical Evidence

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