Michael J. Zbiegien, Jr. | Taft Law In 1993, the U.S. Supreme Court established the standard for determining the admissibility of expert testimony in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579. That decision immediately gave rise to a pressing question: How is Daubert pronounced? With a French pronunciation, i.e. “dough bear,” or a more… Continue reading To Daubert Or Not To Daubert — That Is The Question: Sixth Circuit Weighs In On Expert Standards At Class Certification
Tag: expert testimony
Don’t Call It A Comeback: Revisions To Evidentiary Rules For Expert Testimony
Justin J. Hakala | Plunkett & Cooney The Michigan Supreme Court recently adopted a revision to the state’s Rules of Evidence related to expert testimony (MRE 702) to bring it in line with the 2023 revision to the Rule 702 of the Federal Rules of Evidence. The revised Michigan rule establishes the framework to evaluate experts and… Continue reading Don’t Call It A Comeback: Revisions To Evidentiary Rules For Expert Testimony
The Modified Total Cost Method to Calculating Construction Damages
John Mark Goodman | BuildSmart A Colorado federal court will allow a contractor to prove up more than $250 million in damages using the modified total cost method (see AECOM Technical Services v. Flatiron AECOM, LLC, Case No. 19-CV-2811, 2024 WL 22640 (D. Co. Jan. 2, 2024)). The AECOM v. Flatiron case involves a Colorado DOT project to add express lanes… Continue reading The Modified Total Cost Method to Calculating Construction Damages
Recent Amendments To Rule 702 Could Impact Expert Testimony Admissibility
Adam Rabinowitz | Attorney At Law Magazine Federal Rules of Evidence 702 governs the admissibility of expert evidence. It’s intended to safeguard the expert testimony presented to the jury. The first amendments to this rule in more than two decades go into effect December 1, 2023, and could affect how courts will admit certain expert… Continue reading Recent Amendments To Rule 702 Could Impact Expert Testimony Admissibility
Court Allows Expert Testimony Regarding Measured Mile Analysis Comparing Work on Different Projects
John Mark Goodman | BuildSmart Loss of productivity damages are commonly estimated using a “measured mile” analysis, which compares unimpacted construction work to work which has been disrupted to determine the cost impact of the disruption. Such analyses often require expert testimony that must satisfy the reliability requirements of Rule 702 and Daubert. Generally speaking, to… Continue reading Court Allows Expert Testimony Regarding Measured Mile Analysis Comparing Work on Different Projects