News & Analysis as of

Expert Witness Evidence

Ensuring an expert is independent and other issues

by Dentons on

There have been several judgments in the first few months of 2017 that are worth considering in relation to the impartiality and independence of an expert, as well as the duties of experts....more

Missouri Adopts Daubert Standard Governing the Admissibility of Expert Opinion Evidence

by Polsinelli on

On March 28, 2017, Missouri Governor Eric Greitens signed House Bill 153 into law, repealing Section 490.065 RSMo governing the admissibility of expert witness opinion testimony and replacing it with provisions mirroring the...more

Fifth DCA Reaffirms Protections Against Surprise Tactics at Trial

by Rumberger Kirk & Caldwell on

This past January, Florida’s Fifth District Court of Appeal found that a trial court had committed reversible error by allowing a party to argue and present previously undisclosed expert testimony and evidence to the jury at...more

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

Florida Supreme Court Rejects More Rigorous Expert Testimony Standard

by Holland & Knight LLP on

The federal court system and 36 states have adopted the so-called Daubert standard in place of the Frye standard when it comes to qualifying expert witnesses under the rules of evidence. In 2013, the Florida Legislature...more

Supreme Court speaks on Daubert – says not much

Last week the supreme court issued its opinion on the recommendations of the Florida Bar Rules committee regarding the new Daubert statute. The supreme court noted there are “grave concerns” that (unidentified) elements of...more

Daubert Under the Microscope Again by Florida Courts

by Rumberger Kirk & Caldwell on

In a ruling that raises new issues about the adoption of the Daubert standard for the admissibility of expert opinions in Florida state court, the Florida Supreme Court has declined to adopt, to the extent they are...more

Wisconsin Supreme Court Addresses Expert Testimony Under Daubert

by Foley & Lardner LLP on

Six years after the Wisconsin legislature amended Wis. Stat. § 907.02(1) to adopt the federal Daubert standard for admission of expert testimony, the Wisconsin Supreme Court applied the standard for the first time in a civil...more

Expert Witness Testimony: Often the Critical Component for a Successful Case

by PilieroMazza PLLC on

If your company is facing litigation, especially in high-stakes cases, one of the first questions you and your counsel should address is whether the testimony of an expert witness might be helpful, or even essential, to your...more

The Ghost of Depositions Past

by Carlton Fields on

Deposition testimony plays a powerful role in case resolution. Themes are developed, admissions are gathered, and claims and defenses are vetted. Depositions are also a great opportunity to size up how a witness will “play”...more

Does Your Expert Challenge Quack Like an Untimely Daubert Motion?

by Carlton Fields on

In Frigaliment Importing Co. v. BNS Int’l Sales Corp., 190 F. Supp. 116 (S.D.N.Y. 1960), Judge Friendly famously asked “What is chicken?” A case decided last year raises the question, “What is a Daubert motion?”...more

PTAB Institution Rate Continues To Lag Behind 2014 Rate, Highlighting Need For Expert Reports to Adequately Support Petition

by Brooks Kushman P.C. on

Data released by the USPTO Patent Trial and Appeal Board (PTAB) for the Fiscal Year 2016 reveals that the PTAB is granting petitions to review at a rate similar to FY 2015, and significantly below the higher rate in FY 2014....more

New Amendments to SEC's Rules of Practice in Administrative Proceedings

by Pierce Atwood LLP on

On July 13, 2016, the U.S. Securities and Exchange Commission (SEC) adopted several amendments to its Rules of Practice regarding administrative proceedings. The amendments address, among other things, the timing of...more

Defence & Indemnity - June 2016: III. QUANTUM/DAMAGES ISSUES A.

by Field Law on

A. Surveillance evidence significant in discrediting Plaintiff in large chronic pain case - Bumstead v. Dufresne, 2015 ABQB 787, per Horner, J. [4186] ...more

Perspectives On The PTAB - Inaugural Issue

We are pleased to share this Perspectives on the PTAB newsletter. Its content is directed toward providing information and analysis of the decisions made by the Patent Trial and Appeal Board. We hope that this newsletter...more

Select Your Expert Witness With Care

by Reed Smith on

The recent case of Flanders Community Centre Limited v Newham London Borough Council has provided us all with a dramatic reminder of how important the role of the expert witness is at trial. Whilst most lease renewal cases...more

Missouri: Taking a Step Toward Digging Out of the "Judicial Hellhole"?

by Stinson Leonard Street on

Missouri’s Legislature is deciding whether to change its current standard governing the admissibility of expert witness testimony to the Daubert standard. The bill to make this change has passed the Senate and is now being...more

No Mention Of Damages Is Permitted During Liability Phase Of Trial

by Morris James LLP on

Amgen Inc., et al. v. Sanofi, et al., C.A. No. 14-1317 – SLR (Consolidated), March 2, 2016 - Robinson, J. Order resolving pre-trial evidentiary issues. Plaintiffs seek to preclude defendants from relying on two...more

Expert Witnesses: Who Needs ’Em?

by Jaburg Wilk on

Clients often ask whether retaining an expert witness is necessary in their case. And they are wise to ask, because experts are a critical part of many cases, but not all. As attorneys, we often retain an expert “because we...more

Defending Against Non-Retained Experts

California is generally regarded as providing broad leeway for non-retained experts to testify on a range of matters. Several recent decisions, however, have narrowed the scope of permissible testimony for non-retained...more

SCC Clarifies Law on Admissibility of Expert Evidence

by Dentons on

The Supreme Court has released its decision in White Burgess Langille Inman v. Abbott and Haliburton (2015 SCC 23) in which it considered whether the standards for admissibility of expert evidence should take into account the...more

State v. Bernstein - Arizona Supreme Court Clarifies Court’s Gatekeeping Role In Determining Admissibility Of Expert Evidence...

Eleven defendants charged with aggravated driving under the influence had their blood tested by the Scottsdale Crime Laboratory. Defendants moved to exclude the evidence of their blood alcohol (BAC) results under Rule 702,...more

Westerhoff and McCallum: More from the OCA on Expert Evidence

by Dentons on

The Ontario Court of Appeal released its decision last week in Westerhof v. Gee Estate and McCallum v. Baker (2015 ONCA 206), which are the companion cases to Moore v. Getahun.  All three appeals were heard together....more

Proving Your Business Income Loss: Defeating Insurance Company Challenges to Policyholder Evidence

by Reed Smith on

Courts commonly observe that the purpose of Business Interruption or Business Income insurance is to put the policyholder in the same position it would have been in had there been no interruption. The Business Interruption...more

Water Loss Case Gives Rise to Dispute Over Bad Faith Standard For ‘Genuine Dispute’ and Admissibility of Expert Evidence

by Cozen O'Connor on

In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the Ninth Circuit, relying on California law upheld a grant of summary judgment dismissing...more

37 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.