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Expert Analysis

Foiling The Expert Battle In First-Party Property Cases

By Eric Bowers and Victoria Vish (May 11, 2018, 3:16 PM EDT) -- Every litigator knows the term "battle of the experts." This is commonly heard in first-party property cases. Usually the term suggests uncertainty, i.e. that the jury will hear both sides' experts and simply pick one. But winning the war in these cases often means avoiding the expert battle altogether, by challenging — and excluding — the other party's expert testimony. It cannot be overstated: winning or losing a property case often turns on the credibility and, in the first instance, admissibility, of expert testimony. This is because without expert testimony, many property insurance cases cannot be proven....

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