In toxic tort cases, plaintiffs typically use an expert historian to testify about what was known and identifiable by defendants at a specific point in time as they made formulation and warnings decisions.
A plaintiff historian expert will interpret studies from decades ago through the lens of current litigation needs. By pointing out the omissions and misstatements as well as the attempts to use what was known then as notice of what is alleged today, the historian can be exposed as an advocate. A deep dive into the background of an expert or historian may reveal that litigation income essentially funds their activism.
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