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Admissibility

News & Analysis as of May 22, 2013

Carlton Fields

The Use And Misuse Of Expert Testimony In Bad Faith Actions

by E. Kelly Bittick Jr., Jeffrey Michael Cohen | Carlton Fields on 5/8/2013

Modern trials are frequently battles of experts hired by the parties to advocate their respective positions. Bad faith actions are no different. The plaintiff and the insurer will both beat the bushes for claims handlers or...more

Foley & Lardner LLP

Lees v. Carthage College: A Seventh Circuit Decision on the Admissibility of Expert Testimony for the Standard of Care

by Eric Pearson | Foley & Lardner LLP on 4/22/2013

The Seventh Circuit recently issued two opinions with interesting evidentiary issues. We wrote about the multiple levels of hearsay in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), last week. And, this week, the...more

Low, Ball & Lynch

Seagulls on the Water?¹ Has California Supreme Court Indicated A Major Change in Direction for the Admissibility of Expert Opinion...

by Thomas LoSavio | Low, Ball & Lynch on 2/18/2013

California courts have generally granted qualified experts wide latitude in permitting their opinion testimony to be heard by a jury. In the recent case of Sargon Enterprises, Inc. v University of Southern California (2012)...more

Nexsen Pruet, PLLC

Defending Commercial Class Actions: Recent Cases May be Giving the Defense an Edge

by Christopher Lam | Nexsen Pruet, PLLC on 2/15/2013

While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This...more

JAMS, The Resolution Experts

JAMS Global Construction Solutions -- Winter 2013

by John Hinchey, Judith Ryan | JAMS, The Resolution Experts on 2/8/2013

In This Issue: Using Integrated Project Delivery to Avoid Construction Conflict and Disputes; Admissibility of Nonbinding Written Dispute Board Recommendations; Be an Expert with Experts and Notices &...more

Wendel, Rosen, Black & Dean LLP

The Quest For Contractual Certainty

by Daniel Rapaport | Wendel, Rosen, Black & Dean LLP on 1/24/2013

The California Supreme Court has re-examined and largely restricted the scope of the parol evidence rule (Code of Civil Procedure §1856) in the case of RiverIsland Cold Storage, Inc. v. Fresno-Madera Production Credit...more

Sedgwick LLP

Texas Supreme Court Applies Daubert-Type Standards to Lay Testimony

by S. Vance Wittie | Sedgwick LLP on 1/14/2013

Texas has long adhered to the “Property Owner Rule,” permitting property owners to testify as to the value of their property. Recent cases have emphasized that the testimony must relate to market value, rather than intrinsic...more

Miles Cooper

On metadata: The document speaks for itself (but does it say too much?)

by Miles Cooper on 12/18/2012

Metadata as blessing and burden - The settlement agreement I drafted took a lengthy path before it came back to me. My opposing counsel’s assistant opened it first. Then it was forwarded to an associate. The associate...more

Miles Cooper

Getting metadata admitted at trial: the Imwinkelried factors

by Miles Cooper on 12/17/2012

The standards for admitting metadata have yet to be codified. If you are trying to get metadata admitted, you should develop the following factors articulated by Edward Edward J. Imwinkelried, a UC Davis law professor and...more

Cozen O'Connor

Arizona Adopts Federal Daubert Standard for Admissibility of Expert Testimony

by Cozen O'Connor on 8/20/2012

Over the last few years, the Arizona legislature and Arizona courts have been dealing with the implementation of Federal “Daubert” standards for the admissibility of expert testimony in Arizona state courts. After initial...more

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