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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, November 19, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will examine the recent amendments to Federal Rule of Evidence 702 clarifying the admissibility standard for expert witnesses and the purpose behind the amendments. The panel will address how the amended rule will affect the use of expert witnesses in construction litigation where experts are heavily relied on for testimony in design and construction defect cases--from witness selection to successfully bringing or defending a Daubert challenge. The panel will examine recent cases to see how the courts are interpreting the amended rule and offer best practices for practitioners.

Faculty

Carol Sigmond
Partner
Greenspoon Marder

With more than four decades of legal experience, Ms. Sigmond focuses her practice on construction industry matters, including arbitration, appeals, bid protests, contract preparation, mediation, litigation, and suretyship. She represents clients in construction defect litigation relating to issues that arise when adjacent owners develop their properties, as well as expediting a builder’s construction project by ensuring that the proper contracts are in place. As a seasoned practitioner, Ms. Sigmond has a history of litigating construction disputes for public works and buildings in both the public and private sectors. She also has extensive knowledge preparing contract documents, including design-build, construction management, guaranteed maximum price, and fixed-price contracts. Ms. Sigmond is a former Vice President of the New York State Bar Association and a former President of the New York County Lawyers Association and is also a frequent speaker and has authored a number of legal publications relating to construction law.

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Mark Johnson
Principal
Offit Kurman

Mr. Johnson has over 30 years of experience in construction, environmental and real estate litigation matters. He has first chair experience in over 30 jury trials, bench trials and complex arbitrations. Mr. Johnson’s construction law experience includes representing owners, general contractors, subcontractors, and design professionals in private and public works construction litigation involving extra work claims, changed condition claims, delay claims, loss of productivity claims, defective work claims, products liability claims regarding defects in construction materials, insurance coverage for construction claims, and California contractor’s licensing laws. He has represented clients in arbitrations and lawsuits regarding an array of construction disputes in state and federal courts in several states as well as the federal Civilian Board of Contract Appeals and the California Public Works Contract Arbitration program. Mr. Johnson is a frequent author and speaker on topics regarding the construction industry.

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Description

Federal Rule of Evidence 702 was recently amended with its most significant changes in almost 25 years to clarify the standard for admitting expert testimony in light of frequent misapplication by courts regarding the burden and the courts' gatekeeping role over expert testimony. Because design and construction defect cases often rely on expert testimony, construction litigators should understand the changes and how they may affect litigation strategy.

Under the amended rule, when it comes to admitting expert testimony: (1) the proponent has the burden to establish by a preponderance of the evidence that the expert's methods are "more likely than not" reliable and meet the admissibility requirements set forth in the rule; and (2) the expert's opinion must reflect a reliable application of the principles and methods to the facts of the case, requiring a tighter connection between experts' opinions and the methods they use.

Construction litigators should know what effects the amended rule may have when using expert witnesses--including selecting expert witnesses to meet the clarified admissibility standard and survive Daubert challenges, eliciting testimony from the expert in a deposition to undermine their credentials, and successfully bringing or defending a Daubert challenge.

Listen as our expert panel discusses amended Rule 702 and its impact on using expert witnesses in construction litigation. The panel will review recent case law to examine how the courts are interpreting the amended rule and offer best practices for construction litigators.

Outline

  1. Amended Rule 702
    1. Purpose
    2. Revisions
  2. Impact on using expert witnesses in construction litigation
    1. Selecting an expert witness
    2. Deposing and defending the expert witness
    3. Bringing and defending a Daubert challenge
  3. How the courts are interpreting the new standard
  4. Practitioner takeaways

Benefits

The panel will review these and other key considerations:

  • What are the amendments to Rule 702, and what was the purpose in amending the rule?
  • How may the clarified admissibility standard for expert witnesses affect witness selection?
  • What impact may the amended rule have on taking and defending expert witness depositions? Bringing and defending Daubert challenges?
  • How are the courts interpreting the amended rule?