Preliminary Sections

• Author: Robert Clifford
• Pages: 1-15

Qualifying & Attacking

Expert Witnesses

by Robert Clifford

HIGHLIGHTS

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

tactics, checklists, and case law in Qualifying and Attacking Expert Witnesses.

This edition provides new text and cases covering a wide array of topics including:

Chapter 2 Discovery and Your Expert

• The expert’s report, §235

• Discovery of testifying expert’s notes and communications with non-attorneys, §242

• Discovery of the identity of non-testifying experts, §244

Chapter 3 Presenting Your Expert at Trial and Arbitration

• Reliability determinations under Merrell Dow, §345

• Hearsay and Confrontation Clause issues, §345A

Chapter 4 Attacking the Opposing Expert

• Ex parte contact with the opposing expert, §407

• Deposing the opposing expert, §415

• Undisclosed experts, §424.6

• Opinions based on speculative or conjectural evidence, §424.8

• Expert’s failure to comply with disclosure requirements, §424.10

• When expert opinion is unnecessary, §424.11

Chapter 5 Commonly Used Experts

• Expert witnesses in medical malpractice actions: admissibility of testimony regarding the expert’s personal practices, §532

• Public liability for highway conditions: the design immunity defense, §541.6

• Engineering experts, §570

• Human factors experts, §570.1

• Bad faith claims, §582

• Sexual harassment: employer investigations, §613