Consumer Class Actions: 17.3.5 Proof Through Experts
In many cases, expert testimony regarding liability and common course of conduct can be crucial in demonstrating that the applicable standard of care was violated or that the defendant’s actions were unjustified, misleading, or unfair. Indeed, sometimes expert testimony is the only means by which liability may be proven. In appropriate cases, consideration should be given to calling the liability expert as the first witness in the case.