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Deposing & Examining Employment Witnesses

Publisher: James Publishing

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eBook :epub
2016-17 Edition
ISBN: 9781945421174
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eBook :mobi
2016-17 Edition
ISBN: 9781945421174
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The newest edition of Deposing and Examining Employment Witnesses - Tod F. Schleier's practical day-to-day resource for employment litigation and trial strategy - is packed with new cases to keep you on the cutting edge of the law, and forms to help you work more efficiently.

It includes:

•   New cross-examination questions
•   New Case Notes
•   Analysis of the issues that arise when dealing with electronically stored information
•   New forms

To make it easy for you to prepare for a particular deposition or examination, the book is organized by witness. Each witness-specific section delivers: (1) trial-tested strategies and arguments, (2) model deposition questions specific to cause of action and annotated with tactics, (3) checklists and tactics for direct and cross examinations, with extensive examples sprinkled with practice tips, and (4) summary checklists of the important points that should be inquired into for each cause of action. Tools and advice are provided for both employee and management attorneys.

Mastering the art of questioning employment witnesses is a career-long process.

It can take dozens of years in the courtroom to learn how to persuasively: (1) demonstrate that reasonable economists can disagree, (2) compel an adverse witness to ratify your position, and (3) contradict a manager or plaintiff on an important fact.

Tod Schleier's Deposing & Examining Employment Witnesses will take years off your learning curve. It is filled with practical strategies, examples, tactics, and tips for successful questioning and other essential elements of employment advocacy:


•   Criteria for case selection
•   Good storytelling
•   Tools for preparing the plaintiff for deposition and trial
•   Checklist for deposing the plaintiff
•   Model direct and cross-examinations for trial

Management witnesses

•   Issues that arise when dealing with supervisors and human resources representatives in deposition and at trial
•   Deposition checklists and trial examination outlines
•   Practical strategies, examples, tactics, and tips for successfully examining these management witnesses

Lay witnesses

•   Value of the testimony of plaintiff's family, friends, and co-workers
•   Tips for attacking this testimony without bullying
•   Checklists and trial examinations

Human resources experts

•   Decisions that have addressed the use of human resources experts on various issues in discrimination litigation, with emphasis on the tremendous variability of results
•   The most frequently used arguments and Daubert objections to human resources expert testimony
•   Pattern deposition and trial examination questions

Expert economists

•   Economic remedies available to discrimination plaintiffs under Sections 1981 and 1983, the ADA, the ADEA and Title VII
•   Issues that typically arise when dealing with economic experts in employment litigation. These issues are addressed in a sample deposition outline, a model direct examination, and a model cross-examination
•   Successfully using and examining economic experts in employment litigation
Mental health experts

•   Compensatory damages available in discrimination cases
•   Types of witnesses used to prove these damages
•   Analysis of the psychological tests confronted when dealing with mental health experts
•   Tips for effective depositions and examinations
Expert statisticians

•   Supreme Court decisions that have established parameters for the use of statistical evidence in discrimination cases
•   Frequently employed statistical concepts and methodologies in employment discrimination litigation
•   Issues that generally arise when dealing with statisticians.
•   Model deposition and trial examination outlines that demonstrate how to handle statistical issues in practice
•   Making statistics interesting and comprehensible to the jury
Vocational experts

•   Analysis of the decisions of various courts when a defendant requests that a plaintiff submit to an evaluation by a vocational expert under FRCP Rule 35
•   Frequently raised arguments and objections to vocational experts' testimony
•   Pattern deposition, direct examination and cross-examination questions to ask the vocational expert during deposition or trial
•   Working with and against vocational experts and their testimony

Table of Contents

Governing Principles of Cross-Examination
Deposing and Examining the Plaintiff
Deposing and Examining Lay Witnesses
Deposing and Examining the Human Resources Expert
Deposing and Examining the Mental Health Expert
Deposing and Examining the Expert Economist
Deposing and Examining the Expert Statistician
Deposing and Examining the Labor Market Expert
Deposing and Examining the Rule 30(b)(6) Witness