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
Tag: expert testimony
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
Fla. Supreme Court Changes Standard for Admitting Expert Testimony Into Evidence
Ernest Wagner | Marice Wutscher LLP | October 25, 2018 The Supreme Court of Florida recently held that the Florida Legislature’s 2013 amendment of the Florida Rules of Evidence adopting the federal Daubert standard for admitting expert testimony was unconstitutional. In so ruling, the Court returned Florida to the Frye standard for admitting expert testimony. A copy of the… Continue reading Fla. Supreme Court Changes Standard for Admitting Expert Testimony Into Evidence
Foiling the Expert Battle in First-Party Property Cases
Eric K. Bowers and Victoria L. Vish | Zelle LLP | May 11, 2018 Every litigator knows the term “battle of the experts.” This is commonly heard in first-party property cases. Usually the term suggests uncertainty, i.e. that the jury will hear both sides’ experts and simply pick one. But winning the war in these cases… Continue reading Foiling the Expert Battle in First-Party Property Cases
Virtual Reality: The Future of Expert Testimony?
Anjelica Cappellino | The Expert Institute | November 2, 2017 As many attorneys know first hand, the practice of law sometimes requires adapting to new technology. From artificial intelligence document review software to iPad trial presentation applications, there are a vast number of ways to utilize technology in the courtroom. In light of the fast-paced advancements trial… Continue reading Virtual Reality: The Future of Expert Testimony?