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
Tag: Daubert Challenge
Proof by Sampling in Construction Disputes
Bob Breeze | HKA It is not uncommon in large construction projects for disputes to arise which involve several thousand alleged variations (or change orders) and/or alleged defects which need to be considered by the arbitral Tribunal or Court in the formal dispute resolution process chosen by the parties. In addition to the often-extensive factual… Continue reading Proof by Sampling in Construction Disputes
Thinking About a Daubert Motion to Challenge an Expert Opinion?
David Adelstein | Florida Construction Legal Updates When you receive an expert opinion, one of the first things you are considering is whether it is worth filing a Daubert motion / challenge. A Daubert motion is a generally a pretrial motion you are using to challenge the admissibility of the expert opinion. Keep in mind this deals with the admissibility, not the credibility,… Continue reading Thinking About a Daubert Motion to Challenge an Expert Opinion?
Application of Frye Test to Determine Admissibility of Expert
David Adelstein | Florida Construction Legal Updates | February 2, 2019 Florida went back to the Frye test/standard, instead of the Daubert test utilized in federal court, to determine the admissibility of expert testimony. The Frye test is more favorable to plaintiffs because it applies when an expert renders an opinion based on new or novel scientific principles. See D.R. Horton, Inc. v. Heron’s Landing Condominium Ass’n… Continue reading Application of Frye Test to Determine Admissibility of Expert
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