What expert witness testimony is required to recover lost profits in construction litigation under the Daubert standard?
Jurors competently deal with expert evidence according to research articles cited at the Trial Advocacy Blog.
Whatever the trial court decides about your expert “in the exercise of its sound discretion” is likley to stand up on appeal at least in federal court.
There is a podcast overt at ContractsProf Blog on what new legislation consolidating the civilian contracts appeals board will mean for government contract claims attorneys.
The theme is “Tax Day” over at Mauled Again.
leads to? The New York Times reports prosecutor Sean Berkowitz made a nationally known trial consultant’s woodshedding skills an issue in his cross examination of Jeffrey Skilling.
In four paragraphs a federal trial judge disposed of 19 motions in an insurance bad faith case.
A most excellent post over at Creating Passionate Users.
How good are you at it? To see, check out the links to eye opening tests over at the Online Guide to Mediation.
I took a break from blogging to prepare for trial in a bad faith insurance case. The case settled last week on terms that made my client happy, so I’m back and will try to make up in coming weeks for not posting so long.
Check out this report on how the USDA is using satellites to monitor farmers for false crop insurance claims. Could they be used in construction cases? You betcha!
Construction consultant William Langton posts on what law governs when a construction dispute is decided by international commercial arbitration.
Kathy Sierra’s posts over at Creating Passionate Users almost always strike a responsive chord with me. She’s done it again with a “Crash course in learning theory.”
Construction lawyers write a lot of letters, motions and briefs. We learned in legal writing 101 if we didn’t learn it in freshman english we should write most of our sentences in the active rather than passive voice? But how do we tell the difference?
The Supreme Court is being asked to decide: “May a judge who receives more than $1 million in direct and indirect campaign contributions from a party and its supporters, while that party’s case is pending, cast the deciding vote in that party’s favor, consistent with the Due Process Clause of the Fourteenth Amendment to the… Continue Reading
The InHouseBlog points to an article of some of the e-discovery considerations corporate counsel should consider before suit is filed.
The Online Guide to Mediation posts on research suggesting avoiding loss influences our choices more than maximizing gain.
As a follow up to my recent post on jury research, read Clay Conrad’s criticism of the misinformation the public is given about jury selection over at Jurygeek and my comment about “deselection” of jurors.
Amazing Firms Amazing Practices points to legal service maven David Maister article characterizing lawyers as either transactional experts or beloved advisers.
Washington Construction Law posts on a case holding arbitration awards are not final judgments and, therefore, do not accrue interest.
I had a Denny Crane-absent-minded moment yesterday. Trying to do my legal maven thing, I offered to send an attorney on a listserv I belong to a recent article I had written for a seminar on Mississippi construction lien law.
Point of Law points to a PrawfsBlawg post by David Hoffman explaining the use of “Allen” or “Dynamite” jury instructions telling jurors to continue deliberating even though they report being deadlocked.
The latest appelate case so holding is discussed over at the New Jersey Law Blog.
Robert Ambrogi’s LawSites points to the annual Gallup poll rating the honesty and ethical standards of professions. Lawyers and building contractors rated near the bottom.