Strategies, Challenges, and Answers

Upcoming Changes To Federal Rule Regarding Expert Testimony Are Truly Consequential

As of December 1, 2023, FRE 702 will change.  The new rule, with redline changes is as follows:

A witness who is qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise if the proponent has demonstrated by a preponderance of the evidence that:

(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;

(b) the testimony is based on sufficient facts or data;

(c) the testimony is the product of reliable principles and methods; and

(d) the expert has reliably applied expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.

https://www.uscourts.gov/rules-policies/archives/packages-submitted/congressional-rules-package-april-2023 at p. 209

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If The Truck Is Big, Is More Insurance Required?

Las Vegas is a popular convention destination.  The largest convention venue in town is the Las Vegas Convention Center, which touts over 4.6 million square feet of convention space.  Event planning professionals keep busy, helping their clients set … [Continue reading]

The Eleventh Circuit Disagrees With The Ninth Circuit And Applies FAAAA Preemption To State Negligence Claims

Nevada Trucking Law reported HERE that the Ninth Circuit has refused to apply FAAAA preemption to allegations of negligence against freight brokers.  Recently, in the case of Aspen Am. Ins. Co. v. Landstar Ranger, Inc., 65 F.4th 1261, 2023 U.S. App. … [Continue reading]

Jury Nullification Is A No-No

Gregory Lioce was involved in a multi-vehicle traffic crash.  Identifying the at-fault driver was difficult.  Gregory Lioce argued that Dana Cohen changed lanes into him.  Dana Cohen said Mr. Lioce turned left into her.  Mr. Lioce was then rear-ended … [Continue reading]

CELEBRATE INDEPENDENCE DAY !

The team at Bauman, Loewe, Witt & Maxwell and the Nevada Law Blogs wish all of our clients, friends, business associates and readers a very safe and extremely enjoyable Independence Day Holiday!As we celebrate the July 4, 1776 signing of the … [Continue reading]