Joseph Davies | Smith Debnam Narron Drake Saintsing & Myers In a recent decision touching on many interesting issues, North Carolina’s Court of Appeals effectively determined that, in all but the most obvious cases, expert testimony is required to establish a failure to perform construction in a workmanlike fashion. Small Claims Court to Court of… Continue reading Court Of Appeals Clarifies That Expert Testimony Required in Nearly All Faulty Construction Cases
Category: Expert Witness
Just Because I May be an “Expert” Does Not Mean I am Giving Expert Testimony
David Adelstein | Florida Construction Legal Updates On a construction project, it’s hard to argue that the involved parties — whether an architect, engineer, contractor, subcontractor, developer, etc. — are not experts in their field, i.e., they all some scientific, technical, or specialized knowledge or skill particular to their industry. However, this does NOT mean when they testify… Continue reading Just Because I May be an “Expert” Does Not Mean I am Giving Expert Testimony
Experts: Testify Remotely Without Losing Influence
Dr. Ken Broda-Bahm | Persuasive Litigator So the expert has arrived in town for trial. Their testimony could come today…or maybe by Thursday, and it isn’t unthinkable that it could get pushed into next week. Meanwhile, the waiting, and the billing, continues. This is just one of the factors that makes litigation expensive, creating unequal… Continue reading Experts: Testify Remotely Without Losing Influence
Witnesses, Don’t Be Surprised by Surprises
Dr. Ken Broda-Bahm | Holland & Hart So you’re preparing for your trial testimony, and the discovery has been voluminous. Out of the mountain of documents that opposing counsel might wave at you, there are a handful that are most likely to be relevant to you. The documents and their underlying issues have been carefully… Continue reading Witnesses, Don’t Be Surprised by Surprises
What is the Status of Discovery of an Expert Witness Relationship?
Theodore Babbitt | Searcy Denney Scarola Barnhart & Shipley In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer discoverable. That Court did not, answer the question of whether the same… Continue reading What is the Status of Discovery of an Expert Witness Relationship?