R. David DePuy | McLane Middleton The rules regarding the examination of witnesses at deposition are vastly different from the rules at trial, and while the COVID-19 epidemic is changing the way we do depositions from in person to video, the rules of how deponents are examined have not changed. When an objection is made… Continue reading Trials And Depositions: The Rules Are Different
Category: Expert Witness
Insurer’s Attempt to Strike Experts in Collapse Case Fails
Tred R. Eyerly | Insurance Law Hawaii The insurer’s efforts to exclude two of the insured’s experts in a collapse case were unsuccessful. Hudon Specialty Ins. Co. v. Talex Enterprises, LLC, 2019 U.S. Dist. LEXIS 150148 (S.D. Miss. Sept. 4, 2019). The insureds’ building collapsed. The remaining portions of the building required immediate… Continue reading Insurer’s Attempt to Strike Experts in Collapse Case Fails
Contractor Learns You Need an Expert to Join “Battle of the Experts”
Matthew DeVries | Best Practices Construction Law It kind of goes without saying, but you should probably bring your expert to a dispute if there is going to be a battle of the experts. One contractor recently learned this lesson to the tune of $65,000. In Appeal of BES Construction, LLC, ASBCA 60608 (Oct. 23, 2019),… Continue reading Contractor Learns You Need an Expert to Join “Battle of the Experts”
Guessing as to your Construction Damages is not the Best Approach
David Adelstein | Florida Construction Legal Updates | August 24, 2019 Arbitrarily guessing as to your construction damages is NOT the best approach. Sure, experts can be costly. No doubt about it. Having an expert versus guessing as to your construction damages caused by another party’s breach of contract is a no brainer. Engage an… Continue reading Guessing as to your Construction Damages is not the Best Approach
Admissibility of Expert Opinions in Insurance Bad Faith Trials
David McLain | Colorado Construction Litigation| October 8, 2019 In 2010, Hansen Construction was sued for construction defects and was defended by three separate insurance carriers pursuant to various primary CGL insurance policies.[i] One of Hansen’s primary carriers, Maxum Indemnity Company, issued two primary policies, one from 2006-2007 and one from 2007-2008. Everest National Insurance Company issued… Continue reading Admissibility of Expert Opinions in Insurance Bad Faith Trials