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
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
Stephen F. English, Abdul Kallon, Renée E. Rothauge and Thomas Tobin | Perkins Coie Federal Rule of Evidence (FRE) 702, which governs expert testimony in federal court, is getting a facelift. The amended FRE 702 goes into effect later this year. In this Update, we review what has changed, as well as takeaways for litigants… Continue reading Updated Language To Federal Rule Of Evidence 702: What Litigators Should Know
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
Thomas E. Spahn | McGuireWoods Litigants relying on testifying experts can look to federal or state court rules in determining what they must disclose or may withhold. In contrast, courts take widely varying views of those issues in addressing litigants’ non-testifying experts. In Kaleta v. City of Holmes Beach, Case No. 8:22-cv-2472-CEH-JSS, 2023 U.S. Dist. LEXIS… Continue reading Must Litigants Identify Their Non-Testifying Experts?