Dr. Ken Broda-Bahm | Holland & Hart So you’re preparing for your trial testimony, and the discovery has been voluminous. Out of the mountain of documents that opposing counsel might wave at you, there are a handful that are most likely to be relevant to you. The documents and their underlying issues have been carefully… Continue reading Witnesses, Don’t Be Surprised by Surprises
Tag: expert witness
What is the Status of Discovery of an Expert Witness Relationship?
Theodore Babbitt | Searcy Denney Scarola Barnhart & Shipley In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer discoverable. That Court did not, answer the question of whether the same… Continue reading What is the Status of Discovery of an Expert Witness Relationship?
Reliance On Expert Opinions Demonstrates Reasonableness
Burns White The Eastern District of Pennsylvania recently granted an insurer’s motion to dismiss a bad faith claim after finding that the insurer immediately conducted an investigation into the insured’s claim by hiring two professionals, and reasonably relied on the professionals’ opinions when denying the insured’s claim. See Covenant Realty v. Westminster American Ins. Co., 2021 WL… Continue reading Reliance On Expert Opinions Demonstrates Reasonableness
No Bad Faith When Insurer Relied on Opinion of Independent Consultant
Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer The Court of Appeals of Georgia recently held that an insurer’s reliance on the report of an independent consultant creates a presumption that it did not act in bad faith in denying coverage. In Montgomery v. Travelers Home and Marine Ins. Co., 859 S.E.2d 130… Continue reading No Bad Faith When Insurer Relied on Opinion of Independent Consultant
Avoid ‘Glass Houses’ Arguments When Comparing Experts
Dr. Ken Broda-Bahm | Holland & Hart …and they are going to be bringing Dr. Smith up here to tell you that their theories are true. But when they do, remember who is paying Dr. Smith to be their hired gun and to offer that testimony. And what about the experts hired by the side making that… Continue reading Avoid ‘Glass Houses’ Arguments When Comparing Experts