Stephen M. Tye and Lawrence S. Zucker II | Haight Brown & Bonesteel | January 16, 2019 In Orange County Water District v. The Arnold Engineering Company (D070763), the Fourth Appellate District examined the criteria for evaluating the reasonableness of a parties’ denial of requests for admission (RFA’s) based upon their expert’s opinions and the proof required… Continue reading Reasonableness of Denial of Requests for Admission Based Upon Expert’s Opinions Depends On Factors Within Party’s Understanding
Category: Expert Witness
An Expert’s Qualifications Are Important
David Adelstein | Florida Construction Legal Updates | December 15, 2018 An expert’s qualifications are important. Please remember this the next time you retain an expert to analyze documents or data and render an opinion based on that information. An expert must be qualified to render an opinion. Otherwise the expert will not be allowed to render the… Continue reading An Expert’s Qualifications Are Important
Florida Decides Against Adopting Daubert
Rahul Gogineni | Subrogation Strategist | December 12, 2018 In Delisle v. Crane Co., 2018 Fla. LEXIS 1883, 43 Fla. L. Weekly S 459, the Supreme Court of Florida reaffirmed that the appropriate test for admissibility of an expert opinion about new or novel scientific evidence is the “Frye” test, not the “Daubert” test. As result… Continue reading Florida Decides Against Adopting Daubert
Get Your Experts Opinions Nailed Down Ahead of Trial, or Else!
Erin Dunnavant | Property Insurance Coverage Law Blog | December 8, 2018 Recently, Florida’s Third District Court of Appeal found that a trial court abused its discretion by allowing the trial testimony of an insured homeowner’s expert when he expanded on his opinions during trial. The case is Citizens Property Insurance Corporation v. Vazquez.1 The loss… Continue reading Get Your Experts Opinions Nailed Down Ahead of Trial, or Else!
Construction Law Practice Tip: Certificate of Merit Requirements in Federal Court
Pierre Grosdidier and Ryan Gardner | Haynes and Boone LLP | November 12, 2018 Under Texas law, a plaintiff must file a certificate of merit in any action for damages arising out of the provision of professional services. A certificate of merit is an affidavit from a third-party professional who is knowledgeable about the defendant’s… Continue reading Construction Law Practice Tip: Certificate of Merit Requirements in Federal Court