Melissa Kenney | The Subrogation Strategist Many subrogation claims involving fire losses rely heavily on expert testimony. Expert testimony is admissible under Federal Rule of Evidence 702 if it is both relevant and reliable. In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), whose standard has been incorporated into Federal Rule of Evidence 702,… Continue reading Idaho District Court Affirms Its Role as the Gatekeeper of Expert Testimony
Category: Expert Witness
Expert Determination Clauses: A Tailored Alternative for Construction Projects?
James Ebert and Steven Fleming | Jones Day In Short The Situation: Construction disputes face unique challenges in addition to those faced in other types of commercial disputes. Parties often agree to adopt independent expert determination as a means of managing these challenges. The Concern: Many boiler-plate independent expert determination clauses are not sufficiently tailored to the… Continue reading Expert Determination Clauses: A Tailored Alternative for Construction Projects?
Floor Tile Defendant’s Motion for Summary Judgment Denied Due to Conflicting Expert Reports
Andrea M. Sciarratta | Goldberg Segalla In this action, defendant American Biltrite Inc. filed a motion for summary judgment, arguing that the plaintiff has failed to establish general or specific causation for the plaintiff’s lung cancer in relation to American Biltrite’s products. The deceased plaintiff had alleged that his fatal lung cancer was caused by… Continue reading Floor Tile Defendant’s Motion for Summary Judgment Denied Due to Conflicting Expert Reports
Assess Whether Your Witness Is Able to Counterpunch
Dr. Ken Broda-Bahm | Holland & Hart Attorneys know the feeling: With some of your witnesses, you just want to keep it simple, encourage them to keep their heads down, and limit the possible damage. With any luck, they’ll get through it with minimal damage to your case. But for other witnesses, testimony is an… Continue reading Assess Whether Your Witness Is Able to Counterpunch
Genuine Dispute Summary Judgment Reversed for Abuse of Discretion and Trial of Fact Questions About Expert Opinions
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel In Fadeeff v. State Farm General Ins. Co. (No. A155691, filed 5/22/20 ord. pub. 6/8/20), a California appeals court held that triable issues of fact and the trial court’s failure to address a request for a continuance precluded summary judgment for an insurer under the genuine… Continue reading Genuine Dispute Summary Judgment Reversed for Abuse of Discretion and Trial of Fact Questions About Expert Opinions