Insurance Litigation: Leveraging Daubert/Frye Admissibility Standards for Expert Testimony in State and Federal Court
Distinguishing Daubert vs. Frye Standards, Challenging Expert Reliance on Hearsay Articles, Using Daubert/Frye Motions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare insurance litigators to meet the Daubert/Frye standards on the admissibility of expert opinion testimony and outline practical strategies for challenging expert testimony. Litigators will learn key differences between federal and state expert testimony standards in those jurisdictions that have not adopted Daubert and how the use of one set of standards over another impacts the case.
- Overview of Daubert and Frye standards for admissibility of expert witnesses
- Standards in states where Daubert does not control
- Strategic and tactical considerations in challenging expert testimony
- Motions in limine
- Motions for summary judgment
- Experts' use of hearsay articles and literature
- Case law applying expert witness reliability standards in insurance litigation
The panel will review these and other notable questions:
- How can counsel effectively challenge an expert witness' theories and whether those theories have been adequately tested?
- Under what circumstances should counsel consider not filing a Daubert/Frye motion?
- What are the pros and cons of challenges to expert testimony at summary judgment or in motions in limine?
- What are the key differences between federal and state expert testimony standards in those jurisdictions that have not adopted Daubert?
- How do counsel successfully challenge experts who rely on hearsay articles written by others?
Guy O. Kornblum
Guy O. Kornblum
Mr. Kornblum has specialized as a trial and appellate lawyer for 40 years. He has handled over 3,500... | Read More
Mr. Kornblum has specialized as a trial and appellate lawyer for 40 years. He has handled over 3,500 litigated matters to conclusion and has several million dollar plus cases to his credit. Mr. Kornblum’s practice focuses on representing plaintiffs, claimants, policyholders and victims of tortious and contractual wrongs in insurance bad faith, among other claims.Close
Andrea M. Price
Barrasso Usdin Kupperman Freeman & Sarver
Ms. Price regularly represents manufacturers in products liability and toxic tort lawsuits, insurers in coverage and... | Read More
Ms. Price regularly represents manufacturers in products liability and toxic tort lawsuits, insurers in coverage and bad faith disputes, and oil and gas companies in environmental matters. She has experience representing clients in trial and appellate matters, as well as in complex multidistrict litigation. Ms. Price is a frequent author and lecturer on litigation tactics and other matters.Close
Hector E. Salitrero
Matthiesen Wickert & Lehrer
Mr. Salitrero is an insurance trial lawyer with extensive experience litigating Daubert issues in both state and... | Read More
Mr. Salitrero is an insurance trial lawyer with extensive experience litigating Daubert issues in both state and federal courts. He has a broad spectrum of tort/personal injury litigation experience, which he brings to bear in his subrogation practice. Mr. Salitrero has served as a first chair litigator in more than 60 jury trials and has led teams of attorneys in major litigation. He also has extensive appellate experience. Mr. Salitrero is certified by the National Association of Subrogation Professionals as a Subrogation Recovery Professional.Close
Daniel F. Sullivan
Robinson & Cole
Mr. Sullivan is a trial lawyer with over 30 years of experience representing clients in complex commercial disputes,... | Read More
Mr. Sullivan is a trial lawyer with over 30 years of experience representing clients in complex commercial disputes, with an emphasis on insurance coverage and extra-contractual claims litigation. He has substantial trial experience, having tried more than 25 matters to verdict, final judgment, or final arbitration decision. Mr. Sullivan’s work representing insurance companies in complex property insurance coverage litigation includes serving as counsel for insurers in significant cases arising from Superstorm Sandy, Hurricane Irene, Hurricane Ike, Hurricane Katrina, and the September 11 terrorist attacks. He has also litigated cases involving losses to residences and businesses arising from catastrophic fires and explosions, mold contamination, defective workmanship, and construction defects.Close