Asbestos Law - Asbestosis and Mesothelioma - cause, symptoms and law

Limiting Expert Testimony

Another procedure used by some courts to streamline asbestos trials is to limit the number of experts who may testify and the length of their testimony. At pretrial, the court may obtain stipulations on such relatively undisputed issues as whether asbestos can be a cause of mesothelioma or lung cancer. This procedure serves to focus the cases on the issues that are typically disputed, namely, whether the plaintiff was exposed to the defendant’s product and whether other medical conditions may have led to the disease. After laying this groundwork, courts have limited expert testimony on medical issues to two witnesses per side.

A court may choose to control the amount of testimony on a given issue by listening carefully for duplication, limiting the time available for a witness, and prodding counsel to cover new matters. Any controls in this area should be responsive to the actual testimony and not be arbitrary time limits.

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  • Asbestosis
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  • Asbestos Law Trends
    • Foreward
    • Acknowledgments
    • Executive Summary
    • Introduction
      • Methodology
    • Unique Characteristics of Asbestos Litigation
      • Latency Period
      • Pervasive, Insidious Use
      • Clear Liability (General Causation)
      • Unclear Causation-in-Fact
      • Numbers of Defendants and Cross-claims
      • Numbers and Concentration of Cases
    • Complexity and Simplification
      • Overview
      • Organization of Counsel
      • Pretrial
      • Settlement
      • Trial
    • Assignment Systems: Should Asbestos cases be treated separately?
      • Specialization
      • Selection
      • Credit
      • Development of Case Management Orders
      • Dispersion of Cases
      • Effects of Special Treatment
    • Standard Pretrial Procedures: Paperwork and Diposition Management
      • Paperwork Management
      • Disposition Management
    • Settlement
      • Disposition Management Revisited
      • Early Settlement Based on Computer Data: A Case Study
      • Early Settlement through Fines
      • Judicial Settlement Roles
      • Alternative Dispute Resolution
      • Settlement Formulas
      • Allocations to Plaintiffs
      • Conclusion
    • Alternative Trial Structures
      • Overview
      • Alternative Structures
      • Conclusion
      • Clustering: How and How Many
    • Special Burdens on Court Personnel
      • Clerks’ Office Burdens
      • Delegated Burdens: Magistrates and Law Clerks
    • Filing Trends and Case Dispositions
    • The Future: New Waves of Toxic Torts?
      • Management by Mass Tort Characteristics
    • Summary and Conclusions
    • Appendix
    • Table of Cases
  • Asbestos Case Management
    • Asbestos Cases as Routine Products Liability Cases
      • Number of Parties
      • Number of Issues
      • Settlement Complications
    • Statistics and Allocation of Resources
      • Summary
    • Standardized Pretrial Procedures
      • Consolidation and Assignment
      • Appointment of Liaison and Lead Counsel
      • Scheduling
      • Standardized Sanctions: Discovery
      • Standardized Sanctions: Rule 11
      • Standardization of Pleadings and Discovery
      • Standardized Motions and Rulings
      • Coordination with State Courts
      • Coordination Among Federal Courts
    • Firm and Credible Trial Dates
      • Firmness of Trial Date
      • Credibility of Trial Date
      • Timing of Trial Date or Settlement Efforts
      • Judicial Involvement in Settlement
      • Clustering of Cases
      • Ruling on Motions
      • Ruling on Motions
      • Alternative Dispute-Resolution Mechanisms
    • Standardized Trial Procedures
      • Clustering and Consolidation
      • Lead Counsel
      • Motions In Limine
      • Voir Dire
      • Jury Instructions
      • Offensive Collateral Estoppel and Judicial Notice
      • Limiting Expert Testimony
      • Deposition Summaries
      • Opening and Closing Arguments
    • Calendaring Systems
      • Increases in Personnel
      • Systems of Calendaring
  • Mesothelioma Information
    • Mesothelioma Epidemiology and risk factors
    • Mesothelioma Pathogenesis
    • Mesothelioma Pathology
    • Mesothelioma Clinical
    • Mesothelioma Diagnosis
    • Mesothelioma Staging
    • Mesothelioma Prognosis
    • Mesothelioma Therapy

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Menu
  • Home
  • Asbestosis
  • Mesothelioma
  • Asbestos Law Trends
    • Foreward
    • Acknowledgments
    • Executive Summary
    • Introduction
      • Methodology
    • Unique Characteristics of Asbestos Litigation
      • Latency Period
      • Pervasive, Insidious Use
      • Clear Liability (General Causation)
      • Unclear Causation-in-Fact
      • Numbers of Defendants and Cross-claims
      • Numbers and Concentration of Cases
    • Complexity and Simplification
      • Overview
      • Organization of Counsel
      • Pretrial
      • Settlement
      • Trial
    • Assignment Systems: Should Asbestos cases be treated separately?
      • Specialization
      • Selection
      • Credit
      • Development of Case Management Orders
      • Dispersion of Cases
      • Effects of Special Treatment
    • Standard Pretrial Procedures: Paperwork and Diposition Management
      • Paperwork Management
      • Disposition Management
    • Settlement
      • Disposition Management Revisited
      • Early Settlement Based on Computer Data: A Case Study
      • Early Settlement through Fines
      • Judicial Settlement Roles
      • Alternative Dispute Resolution
      • Settlement Formulas
      • Allocations to Plaintiffs
      • Conclusion
    • Alternative Trial Structures
      • Overview
      • Alternative Structures
      • Conclusion
      • Clustering: How and How Many
    • Special Burdens on Court Personnel
      • Clerks’ Office Burdens
      • Delegated Burdens: Magistrates and Law Clerks
    • Filing Trends and Case Dispositions
    • The Future: New Waves of Toxic Torts?
      • Management by Mass Tort Characteristics
    • Summary and Conclusions
    • Appendix
    • Table of Cases
  • Asbestos Case Management
    • Asbestos Cases as Routine Products Liability Cases
      • Number of Parties
      • Number of Issues
      • Settlement Complications
    • Statistics and Allocation of Resources
      • Summary
    • Standardized Pretrial Procedures
      • Consolidation and Assignment
      • Appointment of Liaison and Lead Counsel
      • Scheduling
      • Standardized Sanctions: Discovery
      • Standardized Sanctions: Rule 11
      • Standardization of Pleadings and Discovery
      • Standardized Motions and Rulings
      • Coordination with State Courts
      • Coordination Among Federal Courts
    • Firm and Credible Trial Dates
      • Firmness of Trial Date
      • Credibility of Trial Date
      • Timing of Trial Date or Settlement Efforts
      • Judicial Involvement in Settlement
      • Clustering of Cases
      • Ruling on Motions
      • Ruling on Motions
      • Alternative Dispute-Resolution Mechanisms
    • Standardized Trial Procedures
      • Clustering and Consolidation
      • Lead Counsel
      • Motions In Limine
      • Voir Dire
      • Jury Instructions
      • Offensive Collateral Estoppel and Judicial Notice
      • Limiting Expert Testimony
      • Deposition Summaries
      • Opening and Closing Arguments
    • Calendaring Systems
      • Increases in Personnel
      • Systems of Calendaring
  • Mesothelioma Information
    • Mesothelioma Epidemiology and risk factors
    • Mesothelioma Pathogenesis
    • Mesothelioma Pathology
    • Mesothelioma Clinical
    • Mesothelioma Diagnosis
    • Mesothelioma Staging
    • Mesothelioma Prognosis
    • Mesothelioma Therapy