Susan Dent and Pamela Schultz | Kennedys In the wake of COVID-19, litigators all across the United States are noticing an old, yet infrequently utilized, evidentiary tool emerge to address unexpected trial witness unavailability: the de bene esse deposition. A Latin legal term literally translated to “of well being,” the phrase refers to various acts which are… Continue reading De Bene Esse Depositions: A Trial Testimony Insurance Policy
Category: Expert Witness
Client Alert: Fifth Circuit Guidance for Newly-Offered Expert Opinions and the Concurrent Causation Doctrine in Insurance Coverage Cases
Cianan Lesley and Brian Scarbrough | Jenner & Block The United States Court of Appeals for the Fifth Circuit’s recent opinion in Majestic Oil, Inc. v. Certain Underwriters at Lloyd’s, London Subscribing to Policy Number W1B527170201, No. 21-20542 (5th Cir. Mar. 17, 2023), offers important guidance for practitioners in insurance coverage cases faced with offering new or… Continue reading Client Alert: Fifth Circuit Guidance for Newly-Offered Expert Opinions and the Concurrent Causation Doctrine in Insurance Coverage Cases
Proposed Changes to Federal Rule of Evidence on Expert Witness Testimony
Marisa T. Darden and Jay Thomas | Squire Patton Boggs Expert testimony can play a crucial role in the trial process. Consequently, parties often file motions to disqualify the opposing side’s expert witnesses. The success of these motions in federal cases is controlled by the Federal Rules of Evidence (“FRE”), which stipulate that expert testimony… Continue reading Proposed Changes to Federal Rule of Evidence on Expert Witness Testimony
Contrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment
Tred R. Eyerly | Insurance Law Hawaii Given the opposing experts’ contradictory reports, the court denied both the insured and insurer’s motions for summary judgment regarding coverage for a pipe leak. Pronti v. Hanover Ins. Co., 2022 U.S. Dist. LEXIS 222306 (W.D. N. Y. Dec. 9, 2022). The insured had a swimming… Continue reading Contrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment
Thinking About a Daubert Motion to Challenge an Expert Opinion?
David Adelstein | Florida Construction Legal Updates When you receive an expert opinion, one of the first things you are considering is whether it is worth filing a Daubert motion / challenge. A Daubert motion is a generally a pretrial motion you are using to challenge the admissibility of the expert opinion. Keep in mind this deals with the admissibility, not the credibility,… Continue reading Thinking About a Daubert Motion to Challenge an Expert Opinion?