Expert opinions are crucial to obtaining a favorable outcome in a case. A party should ensure that the expert’s opinions are reliable under Federal Rule of Evidence 702 and Daubert to avoid any evidentiary issues at trial.
Using Circumstantial Evidence to Prove a Product Defect
A claimant should keep in mind that it may have a product liability case even when damage to the product is too severe for the claimant to be able to pinpoint a specific defect within the product. Claimants can present circumstantial evidence to establish that a product was defective.
Admissibility of Photographic Evidence
Currently, the admissibility of photographic evidence is based on two different theories. These two theories represent a departure from earlier requirements, which required authenticating testimony from the photographer and/or an expert witness regarding the reliability of the recording process.
Investigating a Sump Pump Failure
A picture truly is worth a thousand words. A thoroughly documented sump pump file can also be the difference in thousands of dollars in recovery. When in doubt, more is better. These suggestions will provide the subrogation professional, expert, and counsel with tools to prepare the file and maximize your...
Auto Litigation and Knowing Your Witnesses and Defenses
We occasionally see some misinterpretations of the law or expectations regarding what will happen at trial. We have a few tips you should keep in mind regarding witnesses and defenses.
Reliable Report Sources for Subrogation
“Straight from the horse’s mouth,” is a frequently used phrase to describe obtaining information from a reliable source that is on the best authority.