Expert Randy D. Horsak presents an overview of several Daubert-related issues as they relate to the development and presenting of engineering and scientific evidence by an expert witness in a court of law for a class action lawsuit. Federal and State Courts have a wide spectrum of rulings with respect to the conclusion that Daubert applies or does not apply to expert testimony at the certification stage of a class action lawsuit. In some cases, the court may require a complete, conclusive Daubert inquiry, whereas in other cases the court may require only a limited, focused Daubert inquiry. Importantly, Daubert challenges cut both ways, and may be used by both the Plaintiffs and Defendants to their benefit. Typically, however, Daubert inquiries tend to benefit the Defendants in class action lawsuits. This expert’s commentary is based on actual court cases and other information.
Randy D. Horsak, PE
- Expert Background:
Mr. Horsak is a registered Professional Engineer and scientist with more than 45 years of experience in multiple phases of environmental engineering and science: consulting, engineering, construction, operations management, office supervision, strategic planning, business development, proposal preparation, project management, litigation support, and expert witness testimony. He has managed and directed environmental projects in a variety of areas, including: air pollution, ambient air quality testing, noise, soil and sediment, groundwater, surface water, water treatment and purification, contaminated dust, and ecosystems. His experience includes a wide range of sites and facilities, including: abandoned (legacy) sites, hazardous waste management facilities, refineries, chemical plants, fossil and nuclear power plants, geothermal energy plants, manufacturing and commercial facilities, pipelines, power transmission lines, oil and gas exploration and production sites, and public and private properties. He has authored about 60 professional publications and lectures, and has testified as an expert witness on multiple occasions.