Meagan C. Nicholson | GreenspoonMarder For decades, Florida litigators have looked to Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981), when addressing late-disclosed witnesses and expert opinions. Under Binger, the exclusion analysis generally centered on prejudice to the opposing party, along with the ability to cure that prejudice, the potential disruption of trial, and… Continue reading Florida’s Sixth DCA Signals Stricter Enforcement of Expert Disclosure Deadlines
Category: Expert Witness
AI Prompts Are Discoverable as Expert’s Methodology
Esquire Deposition Solutions Environmental litigation in Connecticut has revealed yet another AI-related banana peel for lawyers to slip on. Namely, the discoverability of prompts provided to artificial intelligence software by the opposing party’s expert witness. Earlier this summer, a federal district court in Connecticut ruled that an expert witness’s AI prompts were within the scope… Continue reading AI Prompts Are Discoverable as Expert’s Methodology
Evaluating the Independence of Insurer-Retained Experts
Advise & Consult, Inc. I. Scrutiny of Insurer-Retained Experts In first-party property litigation, the objectivity of carrier-retained experts—including engineers and technical consultants—is a material factor in evaluating claim determinations. Frequent retention by a single insurer may create financial dependencies that subtly or overtly influence technical findings. II. Indicators of Potential Bias Indicia of carrier influence… Continue reading Evaluating the Independence of Insurer-Retained Experts
Executive Summary: Strategic Role of Expert Testimony in Property Insurance Litigation
Advise & Consult, Inc. In high-stakes commercial property damage disputes—particularly those involving windstorm, hurricane, or catastrophic losses—litigation frequently centers on expert admissibility under Daubert / Frye standards rather than purely policy language interpretation. A recent federal court ruling underscores the legal and evidentiary standards required to withstand challenges to policyholder expert testimony. Key Legal Takeaways… Continue reading Executive Summary: Strategic Role of Expert Testimony in Property Insurance Litigation
Strategic Issues in Employing and Deploying Damages Experts
John A. Trenor | Global Arbitration Review Parties frequently engage experts to assist in developing, calculating and presenting their cases on damages to tribunals in international arbitration. These experts may specialise in economics, finance or accounting, or possess specialist business acumen in a particular industry, country or subject matter. Some damages experts offer scientific, technological… Continue reading Strategic Issues in Employing and Deploying Damages Experts