Daubert: Testimony Based on Experience
Joshua Fruchter, Esq. – April 15, 2014 The Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) requires trial courts to ensure that expert testimony admitted is reliable. Perhaps one of the trickier contexts in which courts must apply this standard is expert testimony based on experience. To be sure, the… Continue reading Daubert: Testimony Based on Experience
In California, Insurance Adjusters Can Be Sued for Negligent Misrepresentation
Kenneth Kan – April 15, 2014 Earlier this month, a California appellate court held that a policyholder can assert a negligent misrepresentation claim against an insurance adjuster.1 In the underlying bad faith suit, the homeowners (the Bocks) sued Travelers for lowballing their claim for property damage caused by a large tree limb crashing into the… Continue reading In California, Insurance Adjusters Can Be Sued for Negligent Misrepresentation
Engineer Not Liable for Telling Contractor it Would be Paid for Differing Conditions
Donald A. O’Brien – April 7, 2014 JEM Contracting, Inc. v. Morrison-Maierle, Inc., 373 Mont. 391, 318 P.3d 678 (Jan. 28, 2014) Plaintiff contractor was hired by two Montana Counties (“the Counties”) to work on a road construction project. Defendant engineering company was hired by the Counties to provide engineering services and supervision on the… Continue reading Engineer Not Liable for Telling Contractor it Would be Paid for Differing Conditions