An expert witness, particularly in common law countries such as the United States, is a person whose opinion by virtue of education, training, certification, skills, or experience, is accepted by the judge as an expert. Expert witnesses may also deliver “expert evidence” within the area of their expertise. (Visit Expert Witness Testimony to learn more).
Topics: expert witness…
Expert Witness: What Not to Do
Earlier in 2013, there was a legal malpractice case involving the FDIC and a group of lawyers representing a Florida bank. The issues involved standard of care and legal ethics. The FDIC's expert witness was Lawrence Fox, a heavy hitter when it comes to these issues. ...
Expert Witness Testimony: A Frequent Error
The other day, I testified in a case and made a standard mistake. Given the number of times I've testified over the years, you'd think I would have learned what not to do. I have forgiven myself by remembering how many expert witnesses have made exactly the same...
Deposition Witnesses and Leading Questions
More On Depositions I have discussed in at least one previous blog, how leading questions can be effective, not only in trials but also in depositions. I have suggested that litigating lawyers take courses in how to do this more and more adeptly, and then again and...
Cyber-Insurance aka E-Commerce Insurance–Part #1
This is the first "chapter" in a string of blogs focusing on cyber insurance. This one will concern the look of "yesterday's" policies--the ones used for a long, long time--and the look of a branch of "tomorrow's, that is, the cyber policies. Actually, the...
Insurance Law Expert Witness–Preface
I have worked as an expert witness for some years, some years more actively than others. I have lectured on this topic and related matters several times. In addition, I also have encountered a number of people who have acted in this capacity more than...
The Prudent Expert Witness: Agreements and Performance, #1
I do some expert witness work, so this blog entry contains some experience-based remarks about retainer agreements and some aspects of expert witness performance. Alas, I have not used formal retainer agreements much. Usually, they have been in the "back of...
Judges Beware
Do things like this happen in lots of states? A district judge has agreed to resign and never again be a judge, try to be a judge, or try to obtain any other public office based on the following charges, or--at least some of them: emailing his wife, also a...
ABOUT INSURERS REACHING TOO FAR: SOME FUNDAMENTALS
LECTURE NOTES & EXHIBITS CLE "LECTURE NOTES" ARE MOSTLY ABOUT PRACTICAL MATTERS PERTAINING TO CONCEPTUALIZING, THINKING, PLANNING, AND EXECUTING. Insurers can "reach too far," of course. This is a nice pithy way to talk about bad faith. What the phrase...
STORMS & BUILDINGS
The following hypothetical is a variation on a case recently halfway decided. The facts have been simplified, but the main point is set forth, more or less. This is about first-party insurance--property insurance. The tale begins with an insured owning two buildings...
INSURANCE UNDERWRITING, CLAIM HANDLING, BAD FAITH & DISCOVERY
KEEP UNDERWRITING SECRET Many times, over more than a few years, I have seen insurance companies and third-party administrators refuse to give information in response to all sorts of discovery requests. Of course, some lawyers and some carrier officials resist...
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