Michael Guggeinheim | Proskauer Rose Last month, the Advisory Committee on Evidence of the Judicial Conference of the United States’ Committee on Rules of Practice and Procedure voted to unanimously to recommend certain amendments to Federal Rule of Evidence 702, which governs the admissibility of expert witness testimony. This vote signals imminent changes that could… Continue reading Changes to Rules Governing Expert Testimony Imminent
Category: Expert Witness
Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon
Garret Murai | California Construction Law Blog It’s not uncommon in construction defect litigation for each side retain one or more experts to give their opinion as to whether something was constructed in accordance with the standard of care. This usually results in what we legal practitioners call a “battle of the experts.” The California… Continue reading Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon
Rethinking the Role of Technical Experts in Pre-litigation Dispute Resolution
Thanh Do and David Ojala | Forum on Construction Law Construction disputes do not always require an expert; however, an expert is typically sought if the dispute involves particularly technical or complex issues that a lay person (including counsel and triers of fact) cannot readily understand. When is the most appropriate time to call upon… Continue reading Rethinking the Role of Technical Experts in Pre-litigation Dispute Resolution
The Importance Of Engaging Design Professional Experts Early, With A Focus On Massachusetts Law
Jay S. Gregory | Gordon Rees Scully Mansukhani In any Massachusetts case alleging negligence against a design professional, an expert witness on the topic of liability is a critical, early consideration. Given the expense of expert witnesses, counsel representing design professionals are wise to evaluate (1) the need for an expert, (2) the timing of… Continue reading The Importance Of Engaging Design Professional Experts Early, With A Focus On Massachusetts Law
Summary Judgment for Insurer Reversed Based on Expert Opinion
Tred R. Eyerly | Insurance Law Hawaii After the trial court discounted the insured’s expert witness and granted summary judgment to the insurer, the Florida District Court of Appeal reversed. Morales v. Citizens Prop. Ins. Corp., 2022 Fla. App. LEXIS 1831 (Fla. Ct. App. March 15, 2022). The insureds’ property was allegedly… Continue reading Summary Judgment for Insurer Reversed Based on Expert Opinion