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well we have some very interesting trends developing in the area of our insurance defense practice. last year maryland adopted the daubert standard for the admissibility of expert testimony. previously they had relied on the frye standard. daubert is a more exact standard, i would say. so that’s a new trend for us maryland practitioners to get used to in the maryland courts, although we’ve been doing it for years in the federal courts. but just recently now the federal courts have started to consider amendments to the rules of evidence to tighten up some of the elements for applying the daubert standard to the admissibility of expert testimony.
another trend is what we as defense lawyers do to combat reptile tactics. now reptile tactics are arguments that plaintiff’s attorneys make that tend to make the jurors want to protect themselves, to protect their personal interests, and to protect the interests of their community—in other words, putting themselves in the shoes of the victim rather than focusing on just the rights or the wrongs that happen to have occurred in the particular case that they are hearing as jurors.
another trend that we are just starting to face as we conquer the covid pandemic, and hopefully have it come to an end soon, is dealing with the court orders that told the statutes of limitations—in other words, stopped the statutes of limitations from running. those orders are different in every jurisdiction, and for every new case we have to calculate in a different formula what the statute of limitations is.
finally, i would say one of the most significant trends is an outcome of the covid pandemic, and that is i think we’re going to continue to use remote hearings, remote court appearances, remote depositions, and remote mediation using platforms such as Webex or Zoom.
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Baltimore, MD commercial litigation attorney Robert L. Ferguson, Jr. talks about the developing trends in insurance defense. He shares that in the area of insurance defense, the firm is observing several notable trends. Last year, Maryland adopted the Daubert standard for the admissibility of expert testimony, replacing the prior reliance on the Frye standard. Daubert is a more exacting standard, and while the firm has applied it in federal courts for years, Maryland practitioners are now adjusting to its requirements. The federal courts have also begun considering amendments to the rules of evidence to further refine the application of the Daubert standard in determining expert admissibility.
Another trend involves defense strategies to counteract “reptile tactics,” which are arguments by plaintiff attorneys designed to encourage jurors to protect themselves, their personal interests, and their communities. These tactics shift focus from the specific facts of the case to broader notions of safety and responsibility, and the firm develops strategies to address this effectively.
The firm is also navigating challenges related to court orders issued during the COVID-19 pandemic that paused statutes of limitations. These orders vary by jurisdiction, requiring careful calculation of deadlines for each new case to ensure compliance.
Finally, one of the most significant post-pandemic trends is the continued use of remote legal proceedings. The firm anticipates that remote hearings, court appearances, depositions, and mediations conducted via platforms such as Webex or Zoom will remain a standard practice moving forward.
