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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Court Annexed Arbitration vs. Court Annexed Mediation

Civil practitioners in Clark and Washoe counties are familiar with the Nevada Mandatory Court Annexed Arbitration Program.   We know that unless exempt, cases of a value of $50,000 or less are required to go through the mandatory arbitration program … [Continue reading]

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]

What Is An “Occurrence”?

In the case of Bish v. Guaranty Nat’l Ins. Co., 109 Nev. 133; 848 P.2d 1057; 1993 Nev. LEXIS 26, the Nevada Supreme Court examined the question of what is an “occurrence”. The facts are these.   Four-year-old Christina Rose was playing on the … [Continue reading]

To What Extent Can An Insurance Company Rescind Coverage On A Nevada Auto Policy?

Regular readers of this blog may want to jump in and immediately answer that an insurance company cannot rescind auto coverage post-accident.  We learned that principle in the blog post HERE about Torres v. Nev. Direct Ins. Co., 131 Nev. 531, 353 … [Continue reading]