David Adelstein | Florida Construction Legal Updates Designating and admitting experts is a vital component of any construction dispute. Many construction disputes require experts. Many construction disputes can only be won with the role of an expert. Thus, experts and construction disputes go hand-in-hand. No doubt about it! Time needs to be spent on developing the right… Continue reading Court Strikes Expert Opinion that Surety Acted as a “De Facto Contractor”
Tag: Expert Witnesses
Portions of Policyholder’s Expert’s Opinions Excluded
Tred R. Eyerly | Insurance Law Hawaii The federal district court granted, in part, the insurer’s motion to exclude portions of expert testimony. Tundra M. Holdings, LLC v. Markel Ins. Co., 2023 U.S. Dist. LEXIS 139952 (D. Alaska Aug. 10, 2023). Plaintiff alleged a building it owned suffered damages consisting of building… Continue reading Portions of Policyholder’s Expert’s Opinions Excluded
Amendments to Federal Rule of Evidence 702 – Expert Testimony
William L. Doerler | Subrogation Strategist In April, the Supreme Court sent a list of proposed amendments to Congress that amend the Federal Rules of Evidence. Absent action by Congress, the rules go into effect December 1, 2023. The proposed amendments affect Rules 106, 615 and, relevant to this article, 702. Rule 702 addresses testimony… Continue reading Amendments to Federal Rule of Evidence 702 – Expert Testimony
Will Amendment to Rule 702 Affect Property Insurance Coverage Litigation?
Claire Fialcowitz and Shannon O’Malley | Zelle In most property insurance coverage litigation, the parties engage experts to elucidate the issues in the case. This is particularly true when there are multiple causes of loss, covered and not covered, that combine to cause the damage claimed. In Texas, when two causes of loss combine to… Continue reading Will Amendment to Rule 702 Affect Property Insurance Coverage Litigation?
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