Philippe Pinsolle | Global Arbitration Review As a right to cross-examine a witness or expert generally does not exist in the civilian tradition of civil procedure (although some right may exist in criminal procedure),[1] an advocate trained in civil law is likely to be unfamiliar with the concept of cross-examination. This, one may conclude, would cede… Continue reading Cross-Examination of Fact Witnesses: the Civil Law Perspective
Tag: expert witness
Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court
Paul Ferland and Joshua Tumen | Property Insurance Law Observer In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad faith when it denied the insured’s claim based… Continue reading Insurer’s Use of Conflicting Reports Not Bad Faith, Says Court
What Constitutes Bias in an Expert Witness?
Expert Evidence LTD Who does an expert witness owe a duty to? This is probably the most important aspect of an expert’s work. His duty is to the court and he has to maintain his independence at all times. This has been enshrined in the court rules in many parts of the world. Nothing is… Continue reading What Constitutes Bias in an Expert Witness?
The Importance of Experts J&S Welding, Inc. v. Liberty Mutual Insurance Company
Paul Ferland and Lauren Berenbaum | Property Insurance Law Observer In J&S Welding, Inc. v. Liberty Mutual Insurance Company, the U.S. Court of Appeals reviewed a summary judgment ruling in favor of co-defendant West American Insurance Company (“West American”), issued by the U.S. District Court for the Western District of Tennessee. The 6th Circuit held that… Continue reading The Importance of Experts J&S Welding, Inc. v. Liberty Mutual Insurance Company
Preparing Witnesses for Testimony
Ethan Minkin | Harris Sliwoski Witness Preparation One of the most important jobs for a litigator is preparing a witness to testify. Testimony can take place in a deposition or in front of a judge or jury. Witnesses can be lay or expert witnesses. These distinctions make little difference when preparing someone to testify. The… Continue reading Preparing Witnesses for Testimony