William L. Doerler | Subrogation Strategist In April, the Supreme Court sent a list of proposed amendments to Congress that amend the Federal Rules of Evidence. Absent action by Congress, the rules go into effect December 1, 2023. The proposed amendments affect Rules 106, 615 and, relevant to this article, 702. Rule 702 addresses testimony… Continue reading Amendments to Federal Rule of Evidence 702 – Expert Testimony
Tag: Expert Witnesses
Will Amendment to Rule 702 Affect Property Insurance Coverage Litigation?
Claire Fialcowitz and Shannon O’Malley | Zelle In most property insurance coverage litigation, the parties engage experts to elucidate the issues in the case. This is particularly true when there are multiple causes of loss, covered and not covered, that combine to cause the damage claimed. In Texas, when two causes of loss combine to… Continue reading Will Amendment to Rule 702 Affect Property Insurance Coverage Litigation?
Daubert Challenges Based on an Expert’s Lack of Qualifications
Eric M. Kraus and Joshua Glasgow | Phillips Lytle Trial courts continue to exclude expert witnesses based upon a lack of qualifications Thirty years ago, the U.S. Supreme Court decided the landmark case Daubert v. Merrell Dow Pharmaceuticals, Inc.1 Since then, trial judges engaged in the gatekeeping function for the admissibility of expert testimony have put litigants… Continue reading Daubert Challenges Based on an Expert’s Lack of Qualifications
Could Appeal Decision in Florida Roof Case Lead to More Expert Witness Challenges?
William Rabb | Claims Journal Universal Property & Casualty Insurance Co. will have to go back to court to show how an insured’s roof expert was in error when he used questionable data and failed to inspect the claimed damage before a south Florida home was reroofed. The case is another skirmish in what Florida… Continue reading Could Appeal Decision in Florida Roof Case Lead to More Expert Witness Challenges?
The Role of the Technical Expert in Assessing Standard of Care in Construction Disputes
Peter Caillard | HKA Subject Matter specialists appointed as expert witnesses in dispute hearings are frequently called upon to provide opinion on whether the performance of one of the parties failed to meet the required “standard of care” as defined under the contractual agreements. This may be a critical step towards identifying fault and determining… Continue reading The Role of the Technical Expert in Assessing Standard of Care in Construction Disputes