Stephen F. English, Abdul Kallon, Renée E. Rothauge and Thomas Tobin | Perkins Coie Federal Rule of Evidence (FRE) 702, which governs expert testimony in federal court, is getting a facelift. The amended FRE 702 goes into effect later this year. In this Update, we review what has changed, as well as takeaways for litigants… Continue reading Updated Language To Federal Rule Of Evidence 702: What Litigators Should Know
Category: Expert Witness
Daubert Challenges Based on an Expert’s Lack of Qualifications
Eric M. Kraus and Joshua Glasgow | Phillips Lytle Trial courts continue to exclude expert witnesses based upon a lack of qualifications Thirty years ago, the U.S. Supreme Court decided the landmark case Daubert v. Merrell Dow Pharmaceuticals, Inc.1 Since then, trial judges engaged in the gatekeeping function for the admissibility of expert testimony have put litigants… Continue reading Daubert Challenges Based on an Expert’s Lack of Qualifications
Must Litigants Identify Their Non-Testifying Experts?
Thomas E. Spahn | McGuireWoods Litigants relying on testifying experts can look to federal or state court rules in determining what they must disclose or may withhold. In contrast, courts take widely varying views of those issues in addressing litigants’ non-testifying experts. In Kaleta v. City of Holmes Beach, Case No. 8:22-cv-2472-CEH-JSS, 2023 U.S. Dist. LEXIS… Continue reading Must Litigants Identify Their Non-Testifying Experts?
Could Appeal Decision in Florida Roof Case Lead to More Expert Witness Challenges?
William Rabb | Claims Journal Universal Property & Casualty Insurance Co. will have to go back to court to show how an insured’s roof expert was in error when he used questionable data and failed to inspect the claimed damage before a south Florida home was reroofed. The case is another skirmish in what Florida… Continue reading Could Appeal Decision in Florida Roof Case Lead to More Expert Witness Challenges?
The Role of the Technical Expert in Assessing Standard of Care in Construction Disputes
Peter Caillard | HKA Subject Matter specialists appointed as expert witnesses in dispute hearings are frequently called upon to provide opinion on whether the performance of one of the parties failed to meet the required “standard of care” as defined under the contractual agreements. This may be a critical step towards identifying fault and determining… Continue reading The Role of the Technical Expert in Assessing Standard of Care in Construction Disputes