Tuesday, August 24, 2004

5th Circuit Upholds Attorney Testimony on Fees

The Fifth Circuit has published an opinion upholding the trial court's admission of an attorney's expert testimony on the reasonableness of attorney's fees in a duty-to-defend case. The defense had objected on grounds including the witness's failure to file a report. See Primrose Operating Co. v. National American Ins. Co., No. 03-10861 (5th Cir. Aug. 23, 2004) (Garwood, Wiener, & DeMoss, JJ.).

posted by pn at 1:25 PM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.