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


Conducted on Thursday, March 5, 2020

Recorded event now available

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Program Materials

This CLE webinar 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.

Description

Daubert/Frye issues and the reliability of expert testimony are often at the heart of insurance litigation, whether coverage, bad faith, or claims litigation. Despite the varied types of experts utilized in insurance litigation, the battle over reliability and admissibility often dictates the lawsuit's outcome. If not dispositive of the case, a successful Daubert/Frye challenge can put a party in a more favorable settlement position.

While Daubert controls admissibility in federal courts and states that have adopted Daubert, in many states Daubert does not control. Some states use a Frye approach and may consider Daubert rulings relevant or persuasive on some scientific issues. Litigators must be familiar with both approaches and recognize when the use of one set of standards over another may impact the outcome of the case.

Litigators must weigh strategic and procedural issues in challenging expert testimony, including bringing a challenge at summary judgment stage or a motion in limine. A vexing problem facing opposing counsel is the experts' use of hearsay articles and literature to express an opinion. Counsel can challenge the professionally reliable hearsay exception by critically questioning the significance of peer-reviewed publications.

Listen as our authoritative panel of experienced insurance litigators discusses the Daubert/Frye standards for admissibility of expert witness testimony in insurance coverage, bad faith, and claims litigation. The panel will discuss key strategic and tactical issues in challenging expert witness testimony and the differences between Daubert standards and standards in states that have not fully adopted Daubert.

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Outline

  1. Overview of Daubert and Frye standards for admissibility of expert witnesses
  2. Standards in states where Daubert does not control
  3. Strategic and tactical considerations in challenging expert testimony
    1. Motions in limine
    2. Motions for summary judgment
    3. Experts' use of hearsay articles and literature
  4. Case law applying expert witness reliability standards in insurance litigation

Benefits

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?

Faculty

Kornblum, Guy
Guy O. Kornblum

Principal
Guy O. Kornblum

Mr. Kornblum has specialized as a trial and appellate lawyer for 40 years. He has handled over 3,500...  |  Read More

Price, Andrea
Andrea M. Price

Member
Barrasso Usdin Kupperman Freeman & Sarver

Ms. Price regularly represents manufacturers in products liability and toxic tort lawsuits, insurers in coverage and...  |  Read More

Salitrero, Hector
Hector E. Salitrero

Partner
Matthiesen Wickert & Lehrer

Mr. Salitrero is an insurance trial lawyer with extensive experience litigating Daubert issues in both state and...  |  Read More

Sullivan, Daniel
Daniel F. Sullivan

Partner
Robinson & Cole

Mr. Sullivan is a trial lawyer with over 30 years of experience representing clients in complex commercial disputes,...  |  Read More

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