Expert Testimony, Expert Witness, Insurance Litigation

Federal District Court Holds Engineer Is Qualified Enough, and His Methods Are Reliable Enough, to Testify to Date Wind and Hail...

Zelle LLP on 2/20/2025

In Wings Platinum, LLC v. Westchester Surplus Lines Ins. Co., No. 3:23-CV-2145-D, 2025 WL 391388 (N.D. Tex. Feb. 4, 2025), a federal district court recently held that an engineer with one year and one month of experience...more

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

Butler Weihmuller Katz Craig LLP on 3/30/2022

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

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

Searcy Denney Scarola Barnhart & Shipley on 12/2/2021

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

Dodge’N Expert Bias Discovery Issues Raised In Worley

Butler Weihmuller Katz Craig LLP on 10/22/2021

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

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

Butler Weihmuller Katz Craig LLP on 5/29/2019

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

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

Carlton Fields on 6/17/2015

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