Karina Shareen | DeutschKerrigan Expert reports are common in scientifically complex cases. Every practitioner, regardless of experience level, must read an expert’s report carefully before production. A recent opinion from the Fifth Circuit serves as a cautionary tale against using sloppy expert reports that are fatal to a party’s claim or defense, in this case,… Continue reading Expert Reports: Read Carefully Before You Produce Them!
Category: Expert Witness
Direct and Re-Direct Examination
Anne Veronique Schlaepfer | Global Arbitration Review Direct examination Formerly, a chapter discussing direct examination in international arbitration would have been seen as devoid of any interest, as direct examination is in most cases substituted by witness statements, the witnesses appearing at the hearing for the purpose of cross-examination and to answer questions asked by… Continue reading Direct and Re-Direct Examination
Cross-Examination of Fact Witnesses: the Civil Law Perspective
Philippe Pinsolle | Global Arbitration Review As a right to cross-examine a witness or expert generally does not exist in the civilian tradition of civil procedure (although some right may exist in criminal procedure),[1] an advocate trained in civil law is likely to be unfamiliar with the concept of cross-examination. This, one may conclude, would cede… Continue reading Cross-Examination of Fact Witnesses: the Civil Law Perspective
Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court
Paul Ferland and Joshua Tumen | Property Insurance Law Observer In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad faith when it denied the insured’s claim based… Continue reading Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court
Explaining Standard of Care in Construction Disputes
Ben Daee | J.S. Held Setting the Stage for Construction Litigation Support The scale and complexity of construction projects often lead to a different outcome than expected, creating a dispute between the parties. Many construction disputes boil down to the question of whether a practitioner met the standard expected in that circumstance. The experience and… Continue reading Explaining Standard of Care in Construction Disputes