In product liability litigations there has been an increasing trend for plaintiffs to hire "'expert' witnesses whose intended role is more to argue the client's cause from the witness stand than to bring to the fact-finder specialized knowledge or expertise that would be helpful in resolving the issues of fact presented by the lawsuit." Plaintiffs typically offer these types of witnesses to:
- Impugn a company's motive, intent, or state of mind;
- Question a company's ethical or moral decisions; and/or
- Provide an advocacy-based historical or factual narrative of the product by summarizing the company's internal documents.
This article focuses on how a defendant can successfully bar an expert "storyteller" from improperly lending "their credentials and reputations to the party who calls them without bringing much if any relevant knowledge to bear on the facts actually at issue."
For this article and others on product liability litigation strategies, please read Kaye Scholer's report on debunking Daubert expert testimony.
» Download the report.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
