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
Tag: expert testimony
Property Insurance Claims and How to Prove Causation
Advise & Consult, Inc. A recurring issue in property insurance litigation warrants closer attention. Policyholders—and at times their representatives—often believe they understand the cause of a loss. The sequence of events appears to align. The damage is evident. The explanation seems reasonable. However, in litigation, outcomes are not determined by what appears logical. They are… Continue reading Property Insurance Claims and How to Prove Causation
Expert Testimony & Summary Judgment: A Glitch In The Law
Mark I. Wallach | McCarthy Lebit Crystal Liffman Expert testimony has become a staple of trial testimony, both on substantive issues of liability and especially on damages calculations. Trial lawyers often rely on experts to explain technical issues to judges and juries, as well as to establish industry practices and standards. Ohio Rule of Evidence… Continue reading Expert Testimony & Summary Judgment: A Glitch In The Law
To Daubert Or Not To Daubert — That Is The Question: Sixth Circuit Weighs In On Expert Standards At Class Certification
Michael J. Zbiegien, Jr. | Taft Law In 1993, the U.S. Supreme Court established the standard for determining the admissibility of expert testimony in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579. That decision immediately gave rise to a pressing question: How is Daubert pronounced? With a French pronunciation, i.e. “dough bear,” or a more… Continue reading To Daubert Or Not To Daubert — That Is The Question: Sixth Circuit Weighs In On Expert Standards At Class Certification
Don’t Call It A Comeback: Revisions To Evidentiary Rules For Expert Testimony
Justin J. Hakala | Plunkett & Cooney The Michigan Supreme Court recently adopted a revision to the state’s Rules of Evidence related to expert testimony (MRE 702) to bring it in line with the 2023 revision to the Rule 702 of the Federal Rules of Evidence. The revised Michigan rule establishes the framework to evaluate experts and… Continue reading Don’t Call It A Comeback: Revisions To Evidentiary Rules For Expert Testimony