Cliff Hutchinson



  • Southern Methodist University - Dedman School of Law (J.D., cum laude, 1980) Order of the Coif,
    Texas Survey Editor, Southwestern Law Journal
  • Georgia Institute of Technology (B.A. in Industrial Engineering, 1969)

Areas of Practice:

Admitted to Practice:

  • Supreme Court of the United States
  • Texas
  • U.S. District Court for the Western District of North Carolina
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Northern District of California
  • U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas
  • U.S. Patent and Trademark Office
  • United States Court of Appeals for the Eleventh Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the First Circuit
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Cliff Hutchinson

Senior Counsel


[email protected]

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Cliff Hutchinson is a litigation attorney with over 40 years experience in litigating complex, high-stakes commercial and personal injury cases. Mr. Hutchinson focuses on cases involving scientific and technical evidentiary issues, ranging from questions of economic loss in commercial damages claims to epidemiological analyses in toxic tort cases. Mr. Hutchinson has represented clients in state and federal trial or appellate courts in twenty states and before the United States Supreme Court.

Mr. Hutchinson began his career using his background and training in engineering and computer science trying commercial contract and intellectual property cases for a leading outsourcing company. Mr. Hutchinson also represented financial institutions in a full range of disputes form collections and bankruptcy to lender liability. Mr. Hutchinson has represented energy companies in disputes concerning international developments, including coal mining concessions in Colombia, North Sea gas fields, and Malaysian concessions. Mr. Hutchinson has also had extensive experience defending personal injury claims, involving both products (industrial and consumer) and toxic torts. Mr. Hutchinson represented trade organization members in numerous claims of formaldehyde exposure. He has defended claims alleging toxic injury from a variety of other products and substances including benzene, industrial coatings, silica, elemental silicon, hydrogen sulfide, nickel, cadmium, insecticides, solvents and glues. Mr. Hutchinson has defended manufacturers and distributors of automobiles and automotive components, scaffolding and related equipment, heating and fireplace products, industrial drills, mobile drilling units, and cigarette lighters.

Mr. Hutchinson pioneered the defense of evidentiary claims by "junk science" expert witnesses, and was lead defense counsel in the Fifth Circuit en banc decision of Christophersen v. Allied Signal, 939 F.2d 1106, which established a gatekeeping standard for federal courts considering expert testimony. Mr. Hutchinson has written or contributed to several books and articles on this topic and is a frequent speaker on expert evidence. Mr. Hutchinson is a member of the State Bar of Texas and the State Bar of California and is admitted to practice before the United States Patent and Trademark Office.

  • Expert Witness Answer Book was updated and re-published again in 2015-19; West book was published annually through 2015.
  • Expert Witness Answer Book 2014, Published by the Practising Law Institute, April 2014
  • Expert Witness Answer Book 2013, Published by the Practising Law Institute, May 2013
  • Expert Witness Answer Book 2012, Published by the Practising Law Institute, February 2012
  • Daubert: Case Law Update, presented at the AICPA National Forensic Accounting Conference, September 24, 2009
  • Daubert Motions: Keys to Offering & Defending Expert Witness Challenges, National Constitution Center Conference, July 21, 2009
  • Hydraulic Fracturing: An Environmentally Safe Method, Fort Worth Business Press, February 2, 2009
  • Junk Science Meets Hydraulic Fracturing: Unfounded Environmental Scare Threatens Energy Development, Toxic Tort and Energy & Utilities Alert, December 30, 2008
  • Expert Witnesses: Business & Economy Cases, September 2008
  • Scientific Evidence Review: Admissibility and Use of Expert Evidence in the Courtroom, September 2008
  • Reliability' Thresholds on the Admissibility of Expert Testimony Regarding Causation, AEIBrookings Joint Center for Regulatory Studies Judicial Symposium on Scientific Evidence in the Courts, June 2007
  • Judicial Construction and Modification of Trusts: Practical Advice for the Client, Presented to the Dallas Estate Planning Council, May 17, 2007
  • A New Plague - Mold Litigation, paper commissioned by the U.S. Chamber Institute for Legal Reform and the Center for Legal Policy at the Manhattan Institute, July 2003
  • Federal Rule of Evidence 701: The ‘Lay Physician’ and Other Myths, 20 LJN’s Product Liability Law & Strategy, September 2001
  • What Is – and Is Not – Required to Prove Causation in Toxic Tort Cases, 19 LJN’s Product Liability Law & Strategy, March 2001
  • Causation Requirements in Toxic Tort Cases, Texas Lawyer, November 2000
  • Daubert in State Courts, 9 Kansas J. of Law & Public Policy 15, Fall 1999
  • Expert Evidence in the Fifth Circuit, Scientific Evidence Review, ABA Monograph No. 6 (2003) and ABA Monograph No. 4, 1999
  • Co-Author, Guide to Toxicology in Expert Evidence: A Practitioner's Guide to Law, Science, and the FJC Manual, Bert Black and Patrick Lee eds., 1997
  • Co-Author, “The Use and Admissibility of Expert Testimony in Toxic Tort Proceedings, AmericanConference Institute, Successful Strategies in Toxic Tort Litigation, New York, October 1996
  • Co-Author, “Toxic Tort Update", 11th Annual Litigation Update Institute, State Bar of Texas, San Antonio, January 21, 1995
  • A Refined Test for the Admissibility of Scientific Expert Testimony, 4 Corporate Counsel Newsletter 2, Winter 1994
  • Co-Author, “Daubert v. Merrill Dow Pharmaceuticals, Inc.: Redefining the Bases for Admissibility of Expert Scientific Testimony", 15 Cardozo L. Rev. 875, 1994
  • Co-Author, “Preclusion of Scientific Evidence After Daubert", 1 Shepard’s Expert and Scientific Quarterly 673, 1994
  • Daubert Confirms Judge’s Gatekeeper Role, 21 Prod. Safety & Liab Rep. (BNA) 12, Special Report, Summer/Fall 2003