Can a rebuttal expert testify without performing an independent analysis?

Critique-only rebuttal is possible for deposition cross-examination support or Daubert briefing, but many courts expect rebuttal experts to offer independent opinions grounded in their own analysis. Counsel should scope the engagement to meet forum expectations and FRE 702 requirements.

When should I retain a rebuttal economist?

Retain early enough to respond to opposing disclosures within discovery deadlines and to inform settlement strategy. Waiting until trial preparation limits options for supplemental reports and Daubert challenges. Initial review of the opposing report can identify whether full rebuttal or targeted critique is warranted.

Rebuttal of Opposing Economist Reports

Structured critique of opposing economic damages assumptions, data, and methodology.

When opposing counsel retains a forensic economist, their report often anchors settlement discussions and trial strategy. A rebuttal economist provides systematic critique of assumptions, data sources, calculations, and methodology—identifying errors, unsupported projections, and Daubert vulnerabilities.

Rebuttal engagements range from focused written critiques for mediation to full alternative damages models with expert testimony. Scope is defined with counsel based on budget, timeline, and whether the rebuttal expert will testify.

Common rebuttal targets include inflated wage growth, inappropriate occupational earnings from BLS/OEWS, failure to credit mitigation or collateral sources, incorrect work-life expectancy, present value errors, and conflation of earning capacity with future earnings measures.

Effective rebuttal experts also prepare cross-examination outlines and identify demonstratives that simplify methodological flaws for judges and juries. Daubert motion support may include affidavits addressing FRE 702 reliability factors.

Future Earnings Expert connects counsel with economists experienced in rebuttal on both plaintiff and defense sides. Rebuttal experts maintain independence—they critique methodology, not advocate outcomes unsupported by data.

Frequently Asked Questions

Can a rebuttal expert testify without performing an independent analysis?: Critique-only rebuttal is possible for deposition cross-examination support or Daubert briefing, but many courts expect rebuttal experts to offer independent opinions grounded in their own analysis. Counsel should scope the engagement to meet forum expectations and FRE 702 requirements.
When should I retain a rebuttal economist?: Retain early enough to respond to opposing disclosures within discovery deadlines and to inform settlement strategy. Waiting until trial preparation limits options for supplemental reports and Daubert challenges. Initial review of the opposing report can identify whether full rebuttal or targeted critique is warranted.

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