As a toxicologist who has served as a consulting and testifying expert in scores of toxic tort and environmental contamination cases, I have worked with more than 100 attorneys.  Scott Smith is among the very best of them.  He is technically astute – able to grasp sophisticated scientific, medical, and environmental concepts and details, even as he successfully simplifies and explains these to judges and juries alike.  He is outstanding in his abilities to both prepare his own technical experts, and to depose and cross-examine opposing sides’ experts.  Scott’s depth and breadth of knowledge in science and medicine are remarkable.  And, he is a genuinely wonderful person.  

 

Laura C. Green, Ph.D., D.A.B.T.

​President & Senior Toxicologist​

Green Toxicology LLC

Brookline, MA

 

Scott and I worked together representing a former lead pigment manufacturer in a series of cases including public nuisance claims brought by state and local governments, as well as numerous bodily injury claims. The potential exposure in the aggregate was potentially in excess of $100 billion – true “bet the company” litigation. Scott took on the role of developing, coordinating and presenting the scientific evidence and expert witnesses to the juries. I have been involved in numerous exposure cases, environmental cases and similar matters where the scientific and technical evidence is nothing short of mind-numbing to juries and lawyers alike and was presented by, in effect, dumping the evidence in the jury’s lap. Scott takes exactly the opposite approach and puts the information in a simple, understandable format that helps the jury understand the evidence. Most attorneys believe they can or should be able to handle the scientific evidence without assistance; however, in reality, that is best left to attorneys who enjoy the scientific evidence and understand how juries receive and process that information. Scott is one of those few attorneys who does this efficiently and successfully.

Mark L. Carlton

General Counsel

Valerus

Houston, TX

I have worked with Scott for 30 years and have spent more time in trial with Scott than I care to remember.  Although I would never admit it to Scott, he is one of the finest lawyers in the country.   He has a scientist and engineer's eye for understanding the complexities of a difficult case and the lawyer's ability to synthesize those complexities in a manner that the court and jury can understand and appreciate.  He has an outstanding ability to untangle difficult scientific and engineering issues and then turn those issues into clear and persuasive motions and appellate briefs.  This same ability enables Scott to work closely with expert witnesses to develop forceful and compelling expert testimony.   In short – setting aside something of a warped sense of humor – Scott is simply the best. 

 Michael T. Nilan

Founding Shareholder

Nilan Johnson Lewis PA

Minneapolis, MN

As a jury consultant, I have worked with a wide range of lawyers with varying skill levels.  When evaluating the persuasiveness of a good litigator, strong storytelling communication skills, understanding your audience (be it judge or jury) and being relatable are three of the main factors I look for.  Fortunately for Scott, I have witnessed him accomplishing all three of these key qualities.  He has a keen ability to take complex scientific concepts and translate them into a persuasive jury-friendly story both verbally via his storytelling and visually via his graphics development.  Scott is a great science storyteller and will be an asset to your team to consult on your complex cases. 

Merrie Jo Pitera, Ph.D.

CEO

Litigation Insights 

Overland Park, KS

Class Actions

For many attorneys, class action practice can be particularly vexing.  Such issues as specialized federal court jurisdiction, Rule 23’s certification requirements, ever-changing appellate treatment of class actions, and unique strategy considerations can challenge even the most accomplished litigators.  Very often, the court’s ruling at the class certification stage dictates the overall outcome of the case, even before the merits are ever adjudicated.  Add to that the high stakes posed by most class actions, and the need for an experienced hand in these complex cases becomes even more apparent.

 

I have a wealth of experience in litigating class actions, particularly involving product liability, environmental contamination, mass tort, medical monitoring, and consumer fraud disputes.  I’ve handled numerous cases involving the application of the federal Class Action Fairness Act, and I’ve also written articles and given seminar presentations on CAFA jurisdiction.  I’ve designed and implemented class action litigation strategies intended to resolve class disputes at an early stage while deferring expensive and time-consuming merits discovery until later, if ever, in the case.  I’ve worked closely with experts to prepare and present affidavits and other evidence bearing directly on Rule 23’s requirements.  And I’ve briefed and argued class certification motions to courts across the country.

 

Class action-related services I’m pleased to offer include:

 

  • Research, analysis and briefing of CAFA-related issues, both original jurisdiction and on removal;

  • Development of overall class action strategy, including timing, bifurcation and stay motions;

  • Class action discovery;

  • Development of expert witness support for class certification purposes;

  • Research, analysis and preparation of class certification-related memoranda and exhibits;

  • Strategy and briefing of appellate review of class certification rulings.

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