Huiyi Chen | Jenner & Block The use of experts in coverage litigation shares a lot of commonalities with that in other types of litigation, but also has its own unique issues of which practitioners need to be mindful. Unlike most specialized areas of litigation, insurance coverage litigation often encounters the use of experts in… Continue reading Tips On The Use Of Experts In Insurance Coverage Litigation
Month: February 2022
Countering the Bad Expert: Don’t Expect Jurors to Deliberate Past the BS on Their Own
Dr. Ken Broda-Bahm | Holland & Hart In my opinion, it is one of the most interesting and important areas of social science at the moment. And if it’s not that, then it’s certainly the sassiest. A group of researchers has been focused on our susceptibility and resistance to various forms of bad information, disinformation,… Continue reading Countering the Bad Expert: Don’t Expect Jurors to Deliberate Past the BS on Their Own
Five Common Mediation Mistakes That Create Obstacles to Settlement
Hon. Lynn O’Malley Taylor (Ret.) | JAMS Mediation is often a grueling and exhausting process. The right mediator should be instrumental in helping the parties reach a resolution. At the same time, however, mediators are not miracle workers. Negotiators often hinder their chances of resolving cases by making mistakes prior to, and/or during, the mediation.… Continue reading Five Common Mediation Mistakes That Create Obstacles to Settlement
Nevada Supreme Court Holds That Insureds Can Use Extrinsic Evidence to Prove Duty to Defend
Bethany L. Barrese | Saxe Doernberger & Vita The recent Nevada Supreme Court ruling in Zurich American Insurance Company v. Ironshore Specialty Insurance Company benefits insureds seeking to establish an insurer’s duty to defend. As a matter of first impression, the court clarified that insureds have the burden to prove that an exception to a policy exclusion… Continue reading Nevada Supreme Court Holds That Insureds Can Use Extrinsic Evidence to Prove Duty to Defend
Application of Two Construction Contract Provisions: No-Damages-For-Delay and Liquidated Damages
David Adelstein | Florida Construction Legal Updates A recent Florida opinion between a prime contractor and a Florida public body touches upon two important issues: (1) the application of a no-damage-for-delay provision; and (2) the application of a liquidated damages provision. Both provisions find there way into many construction contracts. Unfortunately, the opinion is sparse on facts. Nevertheless, the… Continue reading Application of Two Construction Contract Provisions: No-Damages-For-Delay and Liquidated Damages