by Robert Ambrogi -
Editor
BullsEye Newsletter: June 2005
Tagging an expert as a "hired gun" can all but
destroy the expert's credibility as a witness. Nowhere is this more of
a concern than in asbestos litigation. The longest-running mass tort litigation
in U.S. history, it has spawned an estimated 730,000 claims over more than
30 years - with 200,000 still active in the courts. As the number of claims
grew, so too did the number of defendants and the industries they represent.
From 300 asbestos defendants in 1982, the number has exploded to 8,400
today, representing virtually every major U.S. industry.
For the lawyers defending against these claims, this means an ever-narrowing
field of experts upon which to draw. Such was the challenge delivered to IMS
Expert Services in three recent cases, when defense lawyers needed to locate
asbestos experts well-qualified in specific industries but untarnished by prior
testimony. With so many experts having already testified in so many cases, finding
experts who met these requirements would be like searching for needles in the
proverbial haystack.
The defense teams knew that the stakes could be staggering.
The Rand Corporation estimates that asbestos litigation has so
far cost businesses and insurers more than $70 billion. It has
forced at least 70 companies into bankruptcy.
The lawyers also knew that finding the right experts could make
all the difference for their clients, all major U.S. manufacturers.
But with so immense a number of asbestos cases already having targeted
so wide a range of industries, the lawyers believed that finding
the right experts for their cases would be difficult.
Not only must these experts meet the usual requirements of knowledge
and expertise, they also must have direct knowledge of the particular
industries and a record clear of excessive testimony in other asbestos
trials.
The Challenge to IMS
The defense teams came to IMS with this challenge:
Find us experts who have in-depth knowledge of asbestos, inside
knowledge of these industries and reputations untarnished by prior
testimony.
IMS responded immediately, mobilizing teams of researchers and
recruiters to search for experts who met the lawyers' requirements.
IMS understood that, for experts to be taken seriously in these
highly complex cases, they would need superior credentials and
at least 20 to 25 years of experience in their fields.
But with so many experts having been retained in so many asbestos
cases over so many years, it would be no easy task to find even
a single expert who had the requisite experience but did not have
a history of frequent testimony. Even more of a challenge would
be finding such experts who also had the necessary industry savvy.
Unlike some expert firms, IMS does not rely on a stable of "usual-suspect"
experts or a database of self-designated professional witnesses.
It tailors each search precisely to match the client's specifications.
A complex search can take great effort to complete, as these cases
proved.
"Finding an expert in the field of vermiculite mining
and asbestos, along with all our additional requirements in the
same person, was a tall order. We needed a clean expert who
really knew his stuff. When you begin peeling back the layers
on most candidates, you almost invariably find a major flaw in
their experience, communication skills, reputation, or any other
number of gotchas, including conflicts."
Torsten Kracht, Senior Associate
Alston and Bird
IMS researchers and recruiters scoured all sources, dug deep to
locate well qualified experts who met the requirements. In each
case, the team's efforts led to success. In fact, for each case,
IMS identified multiple experts who matched the defense lawyers'
criteria. The lawyers retained several of the experts IMS located.
They have since engaged IMS to locate and vet experts in other
narrow categories of specialization.
"We don't take our work lightly," says Ted Gorder,
IMS vice president. "We do good, solid leg work. We don't
give up. And when we find potential candidates we carefully vet
them against the tight requirements of our client prior to presentation.
Click
here for full text of this opinion.
IMS
Expert Services is the premier expert witness and litigation consultant
search firm in the legal industry. IMS Expert Services is focused exclusively
on providing custom expert witness search services to attorneys. We are proud
to be the choice of 91 of the AmLaw Top 100. Call us at 877-838-8464 or visit
us at www.ims-expertservices.com.
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