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Nov. 7, 2022

How to Prevent Plaintiffs from Getting the Last Word

By Dustin B. Rawlin, Monee Hanna

ABA's Mass Tort newsletter

Moving to strike improper or untimely rebuttal reports before filing a Rule 702 motion can help avoid the time and cost associated with preparing for unnecessary additional expert depositions and supplemental expert reports, write Cleveland Office Managing Partner Dustin Rawlin and Los Angeles partner Monee Hanna in an article for the American Bar Association’s Mass Torts newsletter.

“Plaintiffs’ disclosure of rebuttal experts need not be the last word. Rebuttal reports must be timely submitted by qualified experts and offer narrowly tailored rebuttal opinions. Moving to strike noncompliant rebuttal reports before filing a Rule 702 motion can be an effective tool and help avoid the time and cost associated with preparing for unnecessary additional expert depositions and supplemental expert reports,” they conclude.