In Negotiating and Settling Insurance Bad Faith Cases , insurance expert witness Guy O. Kornblum of GK Consultants, LLC, writes: The duty to investigate is an important duty of an insurer. Hence, it can be an important part of a bad faith case. The erroneous withholding of policy benefits based…
In Good Data Drives Out Bad Cases, marketing expert witness and president of Applied Marketing Science, Inc, Robert L. Klein writes on the value of early data: Often just the threat of a survey or the designation of a survey expert can motivate a plaintiff to rethink their strategy. A…
In Expert Witnesses and Reports, Manuel Lopez and David Chaumette of Shook, Hardy & Bacon L.L.P. write on when the expert’s facts are wrong: An expert’s opinion is unreliable if his or her facts are wrong. As the Supreme Court explained, if “the foundational data underlying the opinion is unreliable,…
Accident reconstruction expert witness Will Meredith lays out the steps in accident reconstruction: GENERALLY TAUGHT AND ACCEPTED METHODOLOGY FOR RECONSTRUCTION OF AN ACCIDENT IS AS FOLLOWS: 1) REPORTING: Strictly factual, no opinions. 2) INSPECTION: Includes measurements at scene, photographs, vehicle inspections, all observable evidence at scene. 3) TECHNICAL PREPARATION: May…
In Negotiating and Settling Insurance Bad Faith Cases , insurance expert witness Guy O. Kornblum of GK Consultants, LLC, writes: While not an exhaustive list, the following are indicia of bad faith conduct under various standards: • Failure to investigate a claim thoroughly; • Failure to evaluate a claim objectively;…
Advertising expert witness Paul Wright, is a principal of SignValue. This SignValue survey includes bad news for print media: 1) Contrary to previously published survey results, 24.7% of all respondents here indicated that their 2009 media expenditures will remain flat to potentially increase approximately 10% over 2008. 2) As a…
In Good Data Drives Out Bad Cases, marketing expert witness and president of Applied Marketing Science, Inc, Robert L. Klein writes on the value of early data: Sometimes even the results of a survey pre-test can be valuable. Pre-testing or pilot testing a survey is a standard research practice that…
In Expert Witnesses and Reports, Manuel Lopez and David Chaumette of Shook, Hardy & Bacon L.L.P. write: The Admissibility of Expert Testimony in Texas after Daubert and Robinson. Rule 702 governs the admissibility of expert testimony in Texas: If scientific, technical, or other specialized knowledge will assist the trier of…
In Negotiating and Settling Insurance Bad Faith Cases , insurance expert witness Guy O. Kornblum of GK Consultants, LLC, writes: Thus, a bad faith claim has these three very separate and distinct components: A breach of contract is not bad faith – there must be an examination of the conduct…
Good Data Drives Out Bad Cases marketing expert witness and president of Applied Marketing Science, Inc., Robert L. Klein writes on the effective use of surveys in legal cases: A survey can be a very effective way of helping a client see the true “beauty” of her case. For example,…