Whitney T. Judson | Kilpatrick Townsend & Stockton | April 3, 2019 Resolution of construction disputes oftentimes involves the unravelling of complex issues, and requires the analyses and opinions of expert witnesses in various industries related to the project. For these reasons, retaining an expert consultant as soon as litigation is imminent can truly be… Continue reading Timing Is Everything: How Early Retention of Expert Consultants Can Make Or Break Your Construction Claim
Category: Expert Witness
Application of Frye Test to Determine Admissibility of Expert
David Adelstein | Florida Construction Legal Updates | February 2, 2019 Florida went back to the Frye test/standard, instead of the Daubert test utilized in federal court, to determine the admissibility of expert testimony. The Frye test is more favorable to plaintiffs because it applies when an expert renders an opinion based on new or novel scientific principles. See D.R. Horton, Inc. v. Heron’s Landing Condominium Ass’n… Continue reading Application of Frye Test to Determine Admissibility of Expert
Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification
William DeVinney | Baker & Hostetler | March 19, 2019 Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23. The Supreme Court has repeatedly held that trial courts must… Continue reading Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification
The Supreme Court of Texas Clarifies That a Party Can Testify as an Expert Witness without Waiving the Attorney-Client Privilege
Donnie Apodaca | Avoiding Insurance Bad Faith | March 12, 2019 Litigation usually involves complex issues related to technology, products, or business processes. In many cases, clients are the best subject-matter experts of their craft. Nevertheless, attorneys are sometimes hesitant to designate a client or a client’s employee as an expert witness for fear of… Continue reading The Supreme Court of Texas Clarifies That a Party Can Testify as an Expert Witness without Waiving the Attorney-Client Privilege
Deposition Preparation
Robert J. Franco | Franco Moroney Buenik Depositions are probably the worst experience faced by those in the construction industry. Apart from the annoyance and distraction, people do not like sitting in an office answering questions. A deposition is a formal legal proceeding. It is neither a “statement,” nor an “interview.” Before the deposition begins,… Continue reading Deposition Preparation