Ian Dankelman | Property Insurance Coverage Law Blog | June 2, 2019 Picking the right expert has never been more important when fighting an insurance company that has wrongfully denied an insurance claim. The rule for expert admissibility has just changed in Florida and the same concerns about experts apply everywhere. Under the Frye test, a party… Continue reading Claim Denied? Why Picking the Wrong Expert Can Cost You
Tag: expert testimony
Fire Consultants Cannot Base Opinions on Speculation
Christopher Konzelmann | The Subrogation Strategist | April 3, 2019 Larsen v. 401 Main St. Inc., 302 Neb. 454 (2019), involved a fire originating in the basement of the Quart House Pub (Pub) in Plattsmouth, Nebraska that spread to and damaged Plattsmouth Chiropractic Center, Inc., a neighboring business. Fire investigators could not enter the building… Continue reading Fire Consultants Cannot Base Opinions on Speculation
Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification
William DeVinney | Baker & Hostetler | March 19, 2019 Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23. The Supreme Court has repeatedly held that trial courts must… Continue reading Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification
Florida Decides Against Adopting Daubert
Rahul Gogineni | Subrogation Strategist | December 12, 2018 In Delisle v. Crane Co., 2018 Fla. LEXIS 1883, 43 Fla. L. Weekly S 459, the Supreme Court of Florida reaffirmed that the appropriate test for admissibility of an expert opinion about new or novel scientific evidence is the “Frye” test, not the “Daubert” test. As result… Continue reading Florida Decides Against Adopting Daubert
Fla. Supreme Court Changes Standard for Admitting Expert Testimony Into Evidence
Ernest Wagner | Marice Wutscher LLP | October 25, 2018 The Supreme Court of Florida recently held that the Florida Legislature’s 2013 amendment of the Florida Rules of Evidence adopting the federal Daubert standard for admitting expert testimony was unconstitutional. In so ruling, the Court returned Florida to the Frye standard for admitting expert testimony. A copy of the… Continue reading Fla. Supreme Court Changes Standard for Admitting Expert Testimony Into Evidence