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· 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

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.