An Example of How to Vet Expert Witnesses Using Context

Recently, the 10th Circuit Court of Appeals affirmed summary judgment for Kawasaki Motors Corp agreeing with a lower court that the experts retained by the plaintiff in a personal injury case did not meet the reliability standard set forth in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993). Specifically, the plaintiff had designated two experts who the trial court deemed unreliable under Daubert. 

Cases often turn into a battle of experts, and it is important for legal practitioners to properly vet not only opposing counsel’s experts but also their own. While expert witness vetting, it’s critical that your potential expert is capable of effective and persuasive communication with both judge and jury. To properly vet an expert witness, you need to see their track record in the courtroom explaining complex medical or technical subjects in such a way that makes them easy to understand, yet highly credible. Leveraging expert witness analytics can help you identify the strengths and weaknesses of your expert witnesses—before you hire one—so you can avoid picking a misguided addition to your litigation and trial team. Only Context offers analytics to help you determine how an expert will stand up to judicial scrutiny. Click here for more information on Context Expert Witness Analytics.

In this instance, by incorporating Context Expert Witness Analytics, a legal practitioner could easily determine patterns from past challenges regarding reliability.