· 8/29/2011
James River Ins. Co. v. Rapid Funding, LLC
Citations
- 658 F.3d 1207
- 2011 WL 4860188
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a calculation involving depreciation is improper lay testimony, because “[tjechnieal judgment is required in choosing among different types of depreciation.”
- recognizing that under the Federal Rules of Evidence and Colorado common law a landowner may testify to the value of their property
- concluding that an officer’s valuation at trial was inadmissible lay testimony because it “require[d] more than applying basic mathematics” and instead required “technical judgment”
- holding that the district court abused its discretion in admitting as a lay opinion testimony, what was actually expert opinion testimony “based on technical or specialized knowledge”
- holding error to admit expert opinions of a lay witness absent compliance with Rule 702
- noting that, under the binding precedent of Foster, “the district judge erred in applying the more lenient ‘preponderance of the evidence’ standard”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tymkovich, Brorby, and Matheson, Circuit Judges
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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