What a weather expert witness does
When weather is a fact in dispute, the jury needs someone who can say, with documented support, what conditions existed at a specific place and time, and what a reasonable person could have known about them. A forensic meteorologist reconstructs those conditions from archived observations, radar, satellite, and model data, then explains the findings in plain language.
Dr. Robert Banks has served as a retained meteorology expert for both plaintiffs and defendants. He keeps opinions within meteorology and physical oceanography, states uncertainty honestly, and builds every analysis so it can be reproduced by the opposing expert from the same public records.
Litigation support services
- Early case assessment. A preliminary review of the weather record before you commit to a theory or a budget.
- Consulting expert. Confidential analysis to guide discovery, depositions, and strategy, without disclosure.
- Testifying expert reports. Written opinions that meet Federal Rule 26(a)(2)(B) and comparable state requirements, with figures, sources, and methodology.
- Rebuttal and opposing-expert review. Line-by-line evaluation of the other side’s weather opinions, data choices, and assumptions.
- Records and data acquisition. Certified NOAA records and archived radar, satellite, buoy, and aviation data, collected and preserved.
- Deposition and trial testimony. Preparation with counsel, clear demonstratives, and testimony in person or remotely.
- Discovery support. Help drafting requests for weather-related documents and questions for opposing witnesses.
Reliable methodology for Daubert and Frye
Weather opinions are frequently challenged under Federal Rule of Evidence 702, Daubert, and state Frye standards. The 2023 amendment to Rule 702 reinforced that the proponent must show the opinion reflects a reliable application of reliable methods to the facts. Climaverse work is designed with that scrutiny in mind:
- Official government and peer-reviewed data sources that opposing counsel can independently obtain
- Cross-validation between independent sources, such as station data against radar or buoy data against satellite altimetry
- Explicit treatment of distance, timing, and instrument limitations, with ranges rather than false precision
- Methods consistent with operational meteorology and the published scientific literature
- Complete documentation of data, processing steps, and figures so the analysis can be reproduced
Practice areas
Weather testimony arises in a wide range of matters, including personal injury and wrongful death, premises liability, aviation accidents, admiralty and maritime claims, motor vehicle collisions, construction delays and defects, property insurance coverage and bad-faith disputes, product liability, and commercial contract disputes involving force majeure or weather days.
Frequently asked questions
When should I retain a weather expert?
As early as possible. Some data, such as certain high-resolution radar and model products, is easier to obtain and preserve early, and an early read on the weather record helps shape pleadings, discovery, and settlement strategy.
Do you work for both plaintiffs and defendants?
Yes. Dr. Banks has been retained by plaintiff and defense counsel. The analysis follows the data regardless of which side retains Climaverse.
Can you testify remotely or travel to trial?
Both. Dr. Banks is based in Carlsbad, California, and is available for remote depositions and in-person trial testimony anywhere in the United States, as well as international matters.
Can you serve as a consulting expert only?
Yes. Many engagements begin as consulting-only work to evaluate the weather issue confidentially before any decision about disclosure.