Serving as an Expert Witness

Professor Rubenstein regularly serves as an expert witness in a variety of legal contexts. In class action lawsuits, Professor Rubenstein has been retained as an expert to opine on:

• whether or not the case should be certified as a class action;
• whether or not the settlement is fair, reasonable, and adequate;
• whether or not objections to the settlement are meritorious;
• the proper method for ascertaining attorney’s fees;
• whether or not the fees sought by counsel are justified;
• methods for allocating fees among class counsel.

While many of these questions are legal questions, courts are nonetheless increasingly accepting — indeed welcoming — expert testimony as to them. Professor Rubenstein recently published an article describing the growing practice of using law professors as expert witnesses in complex litigation (Download).