When should rebuttal retention occur?

As soon as the opposing economist report is disclosed—ideally before taking the opposing expert's deposition. Rush rebuttals are available when discovery deadlines are tight.

What do rebuttal experts typically challenge?

Unsupported earnings growth, wrong occupational classifications, work-life inconsistencies, fringe benefit double counting, present value errors, failure to mitigate, and speculative projections for minors or students.

Can rebuttal be combined with affirmative damages?

Yes. Many retentions include parallel affirmative analysis with defensible assumptions plus line-by-line critique of the opposing report.

Rebuttal of Opposing Economist Reports

Structured critique of opposing assumptions, data, and methods under Daubert and damages law—with alternative calculations where appropriate.

When Opposing Counsel Has Retained an Economist

Opposing economist reports often drive settlement ranges and trial strategy. A structured rebuttal identifies methodological flaws, unsupported assumptions, data errors, and misapplication of damages law—while offering alternative quantification where the record supports it.

Rebuttal engagements are common on both plaintiff and defense sides and may include Daubert motion support, deposition outline preparation, and trial cross-examination themes.

Common Targets of Rebuttal

Inflated growth rates or occupational earnings not supported by BLS/OEWS data
Failure to credit mitigation, interim earnings, or collateral sources per instruction
Incorrect work-life expectancy or failure to address reduced life expectancy
Double counting with life care plans, household services, or other experts
Present value errors including wrong discount rate or nominal/real confusion
Capacity vs. earnings measure mismatch with jurisdiction and pleadings

Deliverables

Rebuttal reports range from focused assumption critiques to full alternative damages models. Scope is defined with counsel based on budget, timeline, and whether testimony will be required.

Methodology

Phase	What We Do	Deliverable
Report deconstruction	Line-by-line review of opposing report. Map every assumption to underlying data or identify unsupported assertions.	Assumption inventory with issue flags
Data verification	Verify BLS/OEWS citations, tax data usage, and arithmetic. Identify calculation errors.	Verification memo with corrected figures where applicable
Alternative analysis	Where scoped, run alternative model using defensible assumptions aligned with your theory.	Alternative damages schedule or range
Rebuttal report & trial support	Draft rebuttal expert report. Prepare cross-examination outline and testimony if retained.	Rebuttal report and deposition/trial support materials

Frequently Asked Questions

When should rebuttal retention occur?: As soon as the opposing economist report is disclosed—ideally before taking the opposing expert's deposition. Rush rebuttals are available when discovery deadlines are tight.
What do rebuttal experts typically challenge?: Unsupported earnings growth, wrong occupational classifications, work-life inconsistencies, fringe benefit double counting, present value errors, failure to mitigate, and speculative projections for minors or students.
Can rebuttal be combined with affirmative damages?: Yes. Many retentions include parallel affirmative analysis with defensible assumptions plus line-by-line critique of the opposing report.

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