Back in January, we reported New York Governor Andrew Cuomo’s veto of legislation that would have amended the state’s Vehicle and Traffic Law to define and legalize the statewide use of electric scooters and electric bicycles.
Continue Reading New York Finally Passes Legislation Regulating the Use of E-Bicycles and E-Scooters

In a flurry of year-end activity, New York’s Governor Andrew Cuomo issued a series of legislative vetoes – at least three of which should be of interest to our readers.

Continue Reading New York’s Governor Ends Year with Three Important Legislative Vetoes

In a sudden reversal and after more than more than five years of uncertainty, on May 23, 2019, the Supreme Court of Florida ruled that Daubert – not Frye – now governs the admissibility of expert testimony in Florida. See In re Amendments to the Florida Evidence Code, No. SC19-107, May 23, 2019.

Continue Reading The Daubert Standard Once Again Controls in Florida State Court

One of the items an insurance adjuster will look at when valuing a product liability claim is to see how much the plaintiff incurred in medical expenses and medical bills after the accident. Naturally, if the injuries sustained by the plaintiff are truly “serious,” it is reasonable to expect that there will be a sizeable claim for reimbursement for the plaintiff’s medical expenses. Plaintiffs’ attorneys are aware of this and as a result will typically try to inflate the figure that represents the plaintiff’s past medical expenses. An experienced plaintiffs’ attorney recognizes that the defendant’s insurance carrier may value their client’s claim based in part on the amount of the plaintiff’s incurred medical expenses, and, as such, they want to make that figure as large as possible to maximize their client’s potential settlement or recovery at trial.


Continue Reading Recovery for Medical Expenses When a Plaintiff with Medical Insurance Opts to Treat on a Lien Basis

In this third and last installment of our three-part series examining the type of deposition questioning that can derail your opponent’s expert and set up a successful Daubert challenge, we will look at Daubert’s insistence that the expert’s opinions be based on “reliable methodology” before opinions can be presented to the jury.

What exactly does a reliable methodology under Daubert mean? Essentially, it requires that the expert’s opinions be based on information gathered in the same manner as a scientist would undertake before he or she reaches a conclusion about the design of the product at issue. The distinction is between using sound scientific procedures as opposed to unsupported speculation to develop a hypothesis, analyze and test against it, and reach a conclusion.


Continue Reading Cross-Examining the Expert Witness in a PL Case Part III: Challenging the Methodology