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CLE# 2013-031: Speculation Upon Speculation and the Quest for Unsupported Damages

Credits: 3.0 General

Date: Friday, October 25, 2013

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8:00 a.m.      Check-in Begins


8:30 a.m.     Speculative possibilities imaginatively shaped


  • Who can testify? – Both the Federal and Alaska Evidence Rules 702 provide that one can testify as to economic damages if, "…a witness (is) qualified as an expert by knowledge, skill, experience, training, or education."


  • About what? Types of damage claims


  • What should this testimony provide? Standards of admissibility – Relevance and reliability


  • What should this testimony avoid? Common fallacies – "post hoc ergo propter hoc" and others


9:30 a.m.    Break


9:45 a.m.    Recognizing and addressing errors in damage presentations


  • The tools available at each stage of the process in pre-litigation and after litigation has begun.


  • Red flags and indicators of speculative and/or overly aggressive claims


  • Analytical and legal tools available to the investigative team


  • Evidence Rule 702 & the importance of relevance and reliability. Key questions to ask and the requirements of admissibility.


11:00 a.m.  Break


11:15 a.m.  Nitpicking and sheer denial (The other end of the spectrum)


  • Keeping your expert in the game


  • Daubert and Alaska Evidence Rule 705(b) challenges


  • Dearth of Data – Dealing with limited data supporting a claim


12:00 p.m. Adjourn

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