Are Daubert challenges really weeding out “junk science” and “pseudoscience” in the courtroom, or could it be that they are actually scaring off good, competent experts? Given the numbers alone, one can’t help but wonder. Since the U.S. Supreme Court’s 1999 decision in Kumho Tire Co. v. Carmichael, which established that the criteria set forth… Continue reading Daubert Challenges Up 250 Percent
Category: Expert Witness
Alternative Dispute Resolution: Providing New Solutions to Burdens of Dealing With Electronic Discovery in Construction Disputes
Gregory R. “Greg” Meeder From bidding to design to construction management, the use of computer-driven technology and tools have exploded in the construction industry. Historically, construction disputes have always been document intensive because they involve multiple parties, facts developing over one or more construction seasons and thousands of documents spread amongst developers, architects, engineers, general… Continue reading Alternative Dispute Resolution: Providing New Solutions to Burdens of Dealing With Electronic Discovery in Construction Disputes
Daubert, Frye … or Both? Tracking Florida’s Buy-In
Maggie Tamburro – March 12, 2012 For the second consecutive year, the Florida legislature is considering a bill that would change the standards for admission of expert witness testimony in Florida state courts. Slowly inching its way through the legislature, the bill suffered setbacks on March 8 when Senate amendments altered the language – and… Continue reading Daubert, Frye … or Both? Tracking Florida’s Buy-In
Administrative Fees Should be Considered When Selecting a Dispute Resolution Provision
Patrick J. Kearney – March 2, 2012 Both lawyers and clients agonize over the tactical advantages and disadvantages of arbitration and litigation. Generally, the reason for the prolonged deliberation is the parties are attempting to make a reasoned and informed decision when selecting a dispute resolution provision for their contract. Some parties prefer arbitration, because… Continue reading Administrative Fees Should be Considered When Selecting a Dispute Resolution Provision
5 Reasons Why You Need Arbitration for a Construction Dispute
by Melissa Dewey Brumback on February 18th, 2012 Arbitration may be a better alternative to some construction disputes, assuming that you use a qualified and skilled arbitrator or arbitration panel. Here are five benefits for using arbitration over litigation: Arbitration means that the decision maker is anexperienced industry professional instead of a lay jury. Arbitration can… Continue reading 5 Reasons Why You Need Arbitration for a Construction Dispute