News & Analysis as of

Expert Witness Insurance Litigation

Butler Weihmuller Katz Craig LLP

Can I Knock the Opposing Expert Out? Understanding How Florida Courts Allow or Prevent Proposed Experts

Experts are key witnesses in any case.  They have the ability to testify about things that are usually beyond the scientific or technical understanding of the average person.  If the expert is good at conveying that sort of...more

Wiley Rein LLP

Insurer’s Declaratory Judgment Complaint Plausibly Alleges Violation of Cooperation Clause at Motion to Dismiss Phase

Wiley Rein LLP on

The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer’s complaint plausibly alleged that the insured had breached the terms of the policy’s cooperation clause....more

Butler Weihmuller Katz Craig LLP

Doctors, Scientists, & Engineers - Oh My! Changes to Federal Rule 702 are Likely Coming

Federal Rule of Evidence 702—Testimony by Expert Witnesses—was promulgated in 1975 when Congress first enacted the Federal Rules of Evidence. Original Rule 702 simply stated that “[i]f scientific, technical, or other...more

Searcy Denney Scarola Barnhart & Shipley

What is the Status of Discovery of an Expert Witness Relationship?

In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer...more

Butler Weihmuller Katz Craig LLP

Dodge’N Expert Bias Discovery Issues Raised In Worley

Expert witnesses are a critical part of litigation.  A good expert can properly assess a case, help position a case for settlement and provide helpful testimony at trial.  Like all witnesses, an expert witness’ bias may be...more

Butler Weihmuller Katz Craig LLP

The Final Word? The Florida Supreme Court Adopts the Daubert Standard for Evidence

Prior to 1993, federal and state courts used the standard enunciated in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), to determine whether scientific evidence should be admitted at a trial. ...more

White and Williams LLP

Fire Consultants Cannot Base Opinions on Speculation

Larsen v. 401 Main St. Inc., 302 Neb. 454 (2019), involved a fire originating in the basement of the Quart House Pub (Pub) in Plattsmouth, Nebraska that spread to and damaged Plattsmouth Chiropractic Center, Inc., a...more

Cozen O'Connor

The Supreme Court of Texas Clarifies That a Party Can Testify as an Expert Witness without Waiving the Attorney-Client Privilege

Cozen O'Connor on

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....more

Carlton Fields

Court Rejects Defendant’s Objections To Subpoenas As Untimely And Baseless In Fraudulent Transfer Default Judgment Spat

Carlton Fields on

In a dispute previously reported on this blog, the Southern District of California overruled a defendant’s objections to subpoenas served on a former expert witness in defendant’s unrelated divorce case and to a bank for...more

Zelle  LLP

The Ethics of Using Public Adjusters as Expert Witnesses

Zelle LLP on

Somewhere in Texas at this very moment a public adjuster is knocking on the door of a home or business owner offering to inspect the roof for wind or hail damage and assist with the submission of an insurance claim. It is...more

Carlton Fields

What Exactly Was Excluded? Proffering Expert Opinions to Preserve Daubert/Frye Challenges

Carlton Fields on

Most practitioners would agree that, if the court excludes an expert based on a Daubert challenge—and that is the only expert opining on a subject—then in most instances there should be no need to proffer the expert’s...more

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