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March/April 2022

Keeping Your Opponent’s Expert Witness in Their Lane: Guardrails for a Would-Be ‘Vehicle to Present a Factual Narrative’

By Peter L. Munk, Lucas A. Westby

The Federal Lawyer

In an article published in The Federal Lawyer, Atlanta-based partners Peter Munk and Lucas Westby outline the ground rules for federal expert testimony, including how to keep experts in their lane by encouraging factual narrative and excluding improper narrative testimony.

“Given the persuasive power of experts, limiting the scope of matters on which an expert can opine will constitute a major victory for your client,” they wrote. “One method for doing so is to carefully scrutinize the factual narrative that an expert relies on to ensure that it is germane to his opinions and experience, does not purport to pass judgement on subjective intent, and is not an end-around to introduce otherwise inadmissible evidence beyond what is allowed under Rule 703. Keeping experts in their lane will pay significant dividends to your client, and to you as an advocate.”