Shannon M. Warren | The Subrogation Strategist | April 30, 2019 In In re City of Dickinson, 568 S.W.3d 642 (Tex. 2019), the Supreme Court of Texas recently assessed whether a client’s emails with its counsel were subject to disclosure after the client was designated as a testifying expert witness. In re City of Dickinson involved a coverage… Continue reading Privileged Communications With a Testifying Client/Expert
Tag: expert witness
That’s Common Knowledge! Failure to Designate an Expert Witness in a Professional Negligence Case is Not Fatal Where “Common Knowledge” Exception Applies
Lyndsey Torp | Snell & Wilmer | May 16, 2019 In reversing summary judgment for defendants, the California Fourth District Court of Appeal recently held that homeowners suing their real estate broker for negligence did not need an expert witness to establish the elements of their causes of action. Ryan v. Real Estate of the Pacific,… Continue reading That’s Common Knowledge! Failure to Designate an Expert Witness in a Professional Negligence Case is Not Fatal Where “Common Knowledge” Exception Applies
Claim Denied? Why Picking the Wrong Expert Can Cost You
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
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
Application of Frye Test to Determine Admissibility of Expert
David Adelstein | Florida Construction Legal Updates | February 2, 2019 Florida went back to the Frye test/standard, instead of the Daubert test utilized in federal court, to determine the admissibility of expert testimony. The Frye test is more favorable to plaintiffs because it applies when an expert renders an opinion based on new or novel scientific principles. See D.R. Horton, Inc. v. Heron’s Landing Condominium Ass’n… Continue reading Application of Frye Test to Determine Admissibility of Expert