Evidence, Expert Testimony | JD Supra Law News

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

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

Asbestos Alert: Barabin v. AstenJohnson, Inc., et al. Ninth District Court of Appeals, Action #10-36142, 11-35020 (November 16,...

by Guy W. Stilson | Low, Ball & Lynch on 4/1/2013

On March 25, 2013, the Ninth Circuit ordered that this case be reheard en banc. The hearing is currently expected to go forward during the week of June 24, 2013 in Seattle, Washington. A decision is expected within three...more

Under Construction - March 2013: California Supreme Court Case Sets New Standards for Expert Testimony

by Mary-Christine ("M.C.") Sungaila | Snell & Wilmer L.L.P. on 3/19/2013

It is common for experts to testify in civil cases in California. In construction and engineering cases, in particular, testimony by experts is often the critical factor in success or failure. Despite the importance of expert...more

Under Construction - March 2013

by Jason Ebe, Brett W. Johnson, Scott C. Sandberg, James J. Sienicki, Mary-Christine ("M.C.") Sungaila | Snell & Wilmer L.L.P. on 3/16/2013

In This Issue: - Letter From the Editor - Tips for Presenting, Analyzing and Resolving Delay and Impact Claims - The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs - Colorado Court of...more

Court Rules That Landowners Must Provide Factual Support For Market Value Opinions

by David Johnson | Winstead PC on 2/20/2013

The Texas Supreme Court has recently held that while the property owner rule establishes that an owner is qualified to testify as to market value, the testimony must meet the same requirements as any other opinion evidence....more

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

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

Aircraft Commission Dispute – Determination Of Value Of Aircraft For Purpose Of Commission

by Neha Dagley | Schecter Law on 1/15/2013

In Simkovitz v. Jetran International, Ltd., 12-10228, 2012 WL 5458166 (11th Cir. 2012), an employee of an aircraft buyer and seller sued the employer for breach of agreement to pay sales commission. Defendant, Jetran...more

Toxic Tort and Environmental Law Update: January 2013 - Plaintiffs Bear the Burden of Establishing Causation by Competent Expert...

by Sean Patterson | Sedgwick LLP on 1/7/2013

Judge Susan Illston of the U.S. District Court for the Northern District of California recently ended 16 years of toxic tort litigation relating to fugitive hexavalent chromium (C6) exposure involving the City of Willits and...more

The California Supreme Court Clarifies Trial Courts’ Gatekeeper Responsibility

by J. Craig Crawford | Carr, McClellan, Ingersoll, Thompson & Horn -... on 1/7/2013

Until recently, California trial courts were not required to perform the rigorous expert testimony gatekeeping responsibility adopted by federal courts and a majority of state courts. As a practical matter, California’s...more

Product Liability Advisory - December 2012: 10th Circuit Reaffirms the Importance of Similarity in Testing Methodology for...

by Heather Weeter | Sedgwick LLP on 12/24/2012

In a decision released on August 16, 2012, the 10th Circuit Court of Appeals overturned the trial court’s Daubert ruling on an expert who was allowed to testify about an alleged seat belt defect in a rollover crash. The 10th...more

Extensive Amendments To Tax Court Of Canada Rules (General Procedure) Published In Part I Of The Canada Gazette

by David Spiro | Dentons on 12/10/2012

General Objectives of the Proposed Amendments The general objectives of the proposed amendments are: (1) to streamline the process of hearings and to codify the practice relating to litigation process...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Evidence › Expert Testimony