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 witness testimony
The Supreme Court of Texas Clarifies That a Party Can Testify as an Expert Witness without Waiving the Attorney-Client Privilege
Donnie Apodaca | Avoiding Insurance Bad Faith | March 12, 2019 Litigation usually involves complex issues related to technology, products, or business processes. In many cases, clients are the best subject-matter experts of their craft. Nevertheless, attorneys are sometimes hesitant to designate a client or a client’s employee as an expert witness for fear of… Continue reading The Supreme Court of Texas Clarifies That a Party Can Testify as an Expert Witness without Waiving the Attorney-Client Privilege
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
Cross-Examining the Expert Witness in a PL Case Part III: Challenging the Methodology
Rosario M. Vignali | Wilson Elser | January 16, 2018 In this third and last installment of our three-part series examining the type of deposition questioning that can derail your opponent’s expert and set up a successful Daubert challenge, we will look at Daubert’s insistence that the expert’s opinions be based on “reliable methodology” before opinions can be… Continue reading Cross-Examining the Expert Witness in a PL Case Part III: Challenging the Methodology
You’ve Got Damage from a Construction Defect – How Do You Know How Much Invasive Testing is Sufficient?
Donald B. Brenner | National Law Review | April 18, 2016 Community associations are often given common elements in transition that incur damage from design and/or construction deficiencies. Associations typically have limited funds. Even those with ample financial resources are usually governed by Boards whose members are keenly aware of the fact that the Association’s… Continue reading You’ve Got Damage from a Construction Defect – How Do You Know How Much Invasive Testing is Sufficient?