Leveraging Daubert/Frye Standards In Insurance Litigation 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 webinar will prepare insurance litigators to meet the Daubert/Frye standards on admissibility of expert opinion testimony and outline effective 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 key issues:
- 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?
- What are effective challenges to experts who rely on hearsay articles written by others?
Anna P. Engh
Covington & Burling
Ms. Engh has a wide range of experience in the insurance coverage area. She has handled coverage litigation and... | Read More
Ms. Engh has a wide range of experience in the insurance coverage area. She has handled coverage litigation and negotiated insurance recoveries on behalf of corporate policyholders for a variety of claims, including asbestos, lead, and other mass tort claims; environmental liabilities; first party property damage; directors and officers and errors and omissions claims; and political risks.Close
Michael P. O'Day
Mr. O’Day is a trial lawyer who handles a broad range of complex commercial disputes in federal and state courts... | Read More
Mr. O’Day is a trial lawyer who handles a broad range of complex commercial disputes in federal and state courts and arbitration throughout the country. He has significant experience in matters involving construction and real estate disputes, consumer class action claims, business torts, and hotel operations. Mr. O’Day also counsels clients on contract negotiation, risk/crises management, insurance claims and dispute avoidance. He is a frequent author and lecturer on construction law topics.Close