Elaine Stoll focuses her litigation defense practice on critical motions and briefs in high-exposure cases nationwide, during all phases of litigation, and on the deep-dive legal research and analysis driving case evaluation, litigation strategy, and motions. She has won “million-dollar motions,” achieving judgment as a matter of law for clients on high-risk claims (e.g. punitive damages, negligent hiring, strict liability for ultra-hazardous activity); excluded key plaintiffs’ evidence from trial via Daubert and Frye motions and motions in limine; and successfully defended defense judgments through appeal. Elaine is regularly enlisted to analyze and brief questions of first impression or unsettled law; to challenge and defend admissibility of expert opinions and scientific or technical evidence; and to translate nuanced legal arguments and difficult but important medical, engineering, scientific, and technical concepts into lay terms. She has authored motions and briefs filed in eighteen states.
Elaine’s current case load is concentrated in mass tort matters. She has significant experience defending catastrophic injury and wrongful death claims against motor carriers and commercial drivers, product liability claims against truck and bus manufacturers, and brain injury claims.
Elaine has written numerous articles, publications, and legal papers on civil litigation topics and serves as Seventh Circuit reporter for Daubert Online, the digital publication of DRI-The Voice of the Defense Bar. During law school, Elaine served as an editor for the University of Cincinnati Law Review and the Human Rights Quarterly. Prior to law school, she was a staff writer for a daily newspaper.
- “Rein in the ‘Reptile’ at Trial: Strategies for More Effective Motions In Limine,” For the Defense (December 2017). Click here to read the full article.
- “Seventh Circuit Report: Daubert by the Numbers,” Daubert Online (October 13, 2017). Click here to read the full article.
- “Seventh Circuit Report: Recent Daubert Decisions Stress Standard of Review and Revisit Scope of Admissible Biomechanical Testimony by Non-M.D.,” Daubert Online (May 5, 2017)
- “When it Counts: Truck EDR Data—Strategies to Limit Plaintiffs’ Event-Counter Evidence,” For the Defense (December 2016) (co-author). Click here to read the full article.
- “Seventh Circuit Report: Analytical Gaps between Studies and Conclusions Require Rejection of Expert Testimony under Reliability Requirement,” Daubert Online(October 18, 2016)
- “Seventh Circuit Report: Emphasis on Etiology,” Daubert Online (April 1, 2016)
- “Seventh Circuit Report: Recent Fuentes Decision Illustrates Effective Use of Daubert to Rein In Plaintiffs’ Reconstruction, Trucking Safety Experts,” Daubert Online (October 20, 2015)
- “Seventh Circuit Report: Reliability Pitfalls Require Exclusion of Experienced Experts,” Daubert Online (April 9, 2015)
- “Assembling the Trial Record, Pretrial Objections, and Motions in Limine,” How to Try Your First Case (ABA First Chair Press 2014).
- “Seventh Circuit Report: Decisions Highlight Limitations of Reliability Inquiry under Rule 702,” Daubert Online (November 4, 2014)
- “Hot News Misappropriation: More than Nine Decades after INS v. AP, Still an Important Remedy for News Piracy,” 79 U. Cin. L. Rev. 1239 (2011). Click here to read the full article.
- “The Family Smoking Prevention and Tobacco Control Act and the First Amendment: Why a Substantial Interest in Protecting Public Health Won’t Save Some New Restrictions on Tobacco Advertising,” 65 Food & Drug L.J. 873 (2010)