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
Tag: expert witness testimony
Cross-Examining the Expert Witness in a PL Case Part III: Challenging the Methodology
Rosario M. Vignali | Wilson Elser | January 16, 2018 In this third and last installment of our three-part series examining the type of deposition questioning that can derail your opponent’s expert and set up a successful Daubert challenge, we will look at Daubert’s insistence that the expert’s opinions be based on “reliable methodology” before opinions can be… Continue reading Cross-Examining the Expert Witness in a PL Case Part III: Challenging the Methodology
You’ve Got Damage from a Construction Defect – How Do You Know How Much Invasive Testing is Sufficient?
Donald B. Brenner | National Law Review | April 18, 2016 Community associations are often given common elements in transition that incur damage from design and/or construction deficiencies. Associations typically have limited funds. Even those with ample financial resources are usually governed by Boards whose members are keenly aware of the fact that the Association’s… Continue reading You’ve Got Damage from a Construction Defect – How Do You Know How Much Invasive Testing is Sufficient?
Surviving a Daubert Challenge: 6 Tips for Success
Mehjabeen Rahman | The Expert Institute | March 7, 2016 It’s less than a month before trial, and you’ve just learned that a Daubert challenge has been raised against your expert witness. Any attorney who has worked with an expert witness in litigation knows that a Daubert challenge presents the frightening possibility that an expert… Continue reading Surviving a Daubert Challenge: 6 Tips for Success
Close Call on Daubert Question
Squire Patton Boggs | December 29, 2015 In an opinion filed on December 16, the Sixth Circuit discussed a Daubert question that the court declared to be a “close call,” but ultimately agreed with the district court’s finding that the expert testimony was admissible. The Daubert issue was on appeal as part of a complex case that involved a claim made… Continue reading Close Call on Daubert Question