Dr. Ken Broda-Bahm | Holland & Hart Attorneys know the feeling: With some of your witnesses, you just want to keep it simple, encourage them to keep their heads down, and limit the possible damage. With any luck, they’ll get through it with minimal damage to your case. But for other witnesses, testimony is an… Continue reading Assess Whether Your Witness Is Able to Counterpunch
Tag: expert testimony
Recent Court Order Excluding Expert Testimony Offers Useful Reminders and Lessons for Construction Litigants
Amandeep S. Kahlon | Bradley Arant Boult Cummings Construction claims often feature supporting testimony from design and/or scheduling experts, and exclusion of that testimony either by disqualification of the expert or a finding that the testimony is otherwise inadmissible can prove fatal to your claim or defense. States may vary in their requirements for admissibility… Continue reading Recent Court Order Excluding Expert Testimony Offers Useful Reminders and Lessons for Construction Litigants
Admissibility of Expert Opinions in Insurance Bad Faith Trials
David McLain | Colorado Construction Litigation| October 8, 2019 In 2010, Hansen Construction was sued for construction defects and was defended by three separate insurance carriers pursuant to various primary CGL insurance policies.[i] One of Hansen’s primary carriers, Maxum Indemnity Company, issued two primary policies, one from 2006-2007 and one from 2007-2008. Everest National Insurance Company issued… Continue reading Admissibility of Expert Opinions in Insurance Bad Faith Trials
Professor Stempel’s Expert Testimony for Insurer Excluded
Tred R. Eyerly | Insurance Law Hawaii | August 14, 2019 The court denied Daubert motions for several experts with the exception of Professor Stempel’s expert testimony opining that the insurer did not act in bad faith Adell Plastics, Inc. v. Mt. Hawley Ins. Co., 2019 U.S. Dist. LEXIS 102942 (D. Md. June 19,… Continue reading Professor Stempel’s Expert Testimony for Insurer Excluded
Growing Pains: The Story Behind Florida’s Daubert Arc – Part 1
Alan J. Lazarus | Drinkler Biddle & Reath | July 1, 2019 The steady but sometimes slow adoption by the states of the Daubert standard for expert admissibility, and the accompanying recession of the Frye standard, is something of a coming of age for the national jurisprudence. Frye has become outmoded and anachronistic in an era of dizzying technological and scientific… Continue reading Growing Pains: The Story Behind Florida’s Daubert Arc – Part 1