Stephen F. English, Abdul Kallon, Renée E. Rothauge and Thomas Tobin | Perkins Coie Federal Rule of Evidence (FRE) 702, which governs expert testimony in federal court, is getting a facelift. The amended FRE 702 goes into effect later this year. In this Update, we review what has changed, as well as takeaways for litigants… Continue reading Updated Language To Federal Rule Of Evidence 702: What Litigators Should Know
Month: October 2023
Parties Can Agree to Anything in a Settlement Agreement…..or Can They
Alexa Stephenson and Ivette Kincaid | Kahana Feld A settlement agreement is a contract. When parties to pending litigation enter into a settlement, they enter into a contract. Such a contract is subject to the general law governing all contracts. (T. M. Cobb Co. v. Superior Court (1984) 36 Cal.3d 273, 280 [204 Cal. Rptr. 143, 682… Continue reading Parties Can Agree to Anything in a Settlement Agreement…..or Can They
When the “Made Whole” Doctrine Isn’t a Defense to Subrogation
Sydney Broom | Butler Weihmuller Katz Craig In some jurisdictions, the “made-whole” doctrine requires insured parties to be made whole before an insurance carrier may recover from a third-party as a subrogee. Every so often, a tortfeasor will argue this doctrine as a defense to a subrogation claim. When this happens, subrogation attorneys are left to argue… Continue reading When the “Made Whole” Doctrine Isn’t a Defense to Subrogation
Creeping Incrementalism in Downstream Insurance: Carriers are Stretching Standard CGL Concepts to Untenable Limits
Eric M. Clarkson | SDV Insights In the construction sector, the importance of closely vetting downstream parties’ insurance has never been more critical. The markets have been hardening with no seeming end in sight and carriers are looking for any way to get an edge. Owners and general contractors need to be on the lookout… Continue reading Creeping Incrementalism in Downstream Insurance: Carriers are Stretching Standard CGL Concepts to Untenable Limits
Preparing Witnesses for Today’s Remote Depositions
Esquire Deposition Solutions Depositions can be stressful affairs. For many witnesses, depositions are a once-in-a-lifetime plunge into the unknown with a lot riding on their testimony. Sitting in a room full of strangers, listening to lawyers argue over barely understood matters, with a court reporter taking down every word, it’s easy for even the most… Continue reading Preparing Witnesses for Today’s Remote Depositions