Katherine Bell | Global Arbitration Review Introduction The primary methods of presenting factual evidence in international arbitration are contemporaneous documents, testimony of fact witnesses and testimony of expert witnesses. Whereas contemporaneous documents tend to have the highest probative value when it comes to facts in general, expert witness testimony is the predominant means of evidence… Continue reading Expert Evidence in Construction Disputes: Arbitrator Perspective
Tag: expert witness testimony
No Expert Testimony for You: Maryland Federal Court Deems Expert Testimony Inadmissible
Katherine Q. Dempsey | The Subrogation Strategist In Rich v. Plumbing No. 1:23-cv-00705-SAG, 2025 U.S. Dist. LEXIS 2263, the United States District Court for the District of Maryland considered two motions for summary judgment, each arguing that the court should exclude the testimony of the plaintiff’s expert. Although the court allowed the plaintiff to file a supplemental… Continue reading No Expert Testimony for You: Maryland Federal Court Deems Expert Testimony Inadmissible
Important Changes to Rule 702 and Expert Testimony
Gregory J. DuBoff, Brian D. Schmalzbach, John J. Woolard, Kate Carolyn Ashley and C. Matthew West | McGuireWoods The federal rule of evidence governing expert testimony — Rule 702 — just saw its most significant change in almost 25 years. The new Rule 702, which went into effect Dec. 1, 2023, gives litigants important new… Continue reading Important Changes to Rule 702 and Expert Testimony
Federal Rule Amendment Clarifies Requirements for Admitting Expert Testimony
Clifton Gruhn | Carlton Fields On December 1, 2023, Federal Rule of Evidence 702 was amended to “clarify and emphasize” that, before expert witness testimony can be admitted, the proponent must satisfy all the rule’s requirements by a preponderance of the evidence. After receiving more than 500 comments regarding proposed changes, the rule was amended… Continue reading Federal Rule Amendment Clarifies Requirements for Admitting Expert Testimony
Must Litigants Identify Their Non-Testifying Experts?
Thomas E. Spahn | McGuireWoods Litigants relying on testifying experts can look to federal or state court rules in determining what they must disclose or may withhold. In contrast, courts take widely varying views of those issues in addressing litigants’ non-testifying experts. In Kaleta v. City of Holmes Beach, Case No. 8:22-cv-2472-CEH-JSS, 2023 U.S. Dist. LEXIS… Continue reading Must Litigants Identify Their Non-Testifying Experts?