Todd Heffner | Troutman Pepper A recent decision by the Georgia Court of Appeals, Munro v. Georgia Department of Transportation, highlights how overly specific and inflexible rules of evidence can create peculiar results. Munro involved a dispute over the design of a Georgia intersection. No. A23A0404, 2023 WL 4194716 (Ga. Ct. App. June 27, 2023). The plaintiff… Continue reading Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert
Category: Expert Witness
Court Strikes Expert Opinion that Surety Acted as a “De Facto Contractor”
David Adelstein | Florida Construction Legal Updates Designating and admitting experts is a vital component of any construction dispute. Many construction disputes require experts. Many construction disputes can only be won with the role of an expert. Thus, experts and construction disputes go hand-in-hand. No doubt about it! Time needs to be spent on developing the right… Continue reading Court Strikes Expert Opinion that Surety Acted as a “De Facto Contractor”
Portions of Policyholder’s Expert’s Opinions Excluded
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
Amendments to Federal Rule of Evidence 702 – Expert Testimony
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
Updated Language To Federal Rule Of Evidence 702: What Litigators Should Know
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