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00:04
well we have some very
00:06
interesting trends developing in the
00:09
area of our insurance defense practice
00:11
last year maryland adopted the dalbert
00:14
standard for the admissibility of expert
00:17
testimony
00:18
previously they had uh relied on uh the
00:21
fry read standard
00:23
um daubert is a more um exact standard i
00:27
would say
00:28
so that’s a new trend for us maryland
00:30
practitioners
00:32
to get used to in the maryland courts
00:34
although we’ve been doing it for years
00:35
in the federal courts
00:37
but just recently now the federal courts
00:40
have started to consider
00:41
amendments to the rules of evidence to
00:43
tighten up some of the elements for
00:45
applica
00:46
applying the daubert standard to the
00:48
admissibility of expert testimony
00:51
another trend is what we as defense
00:54
lawyers do
00:55
to compa combat reptile tactics
00:58
now reptile tactics are arguments that
01:01
plaintiff’s attorneys make
01:02
that tend to make the jurors want to
01:05
protect themselves
01:07
to protect their protect their personal
01:09
interests and to protect the interests
01:11
of their community
01:12
in other words putting themselves in the
01:15
shoes of the victim
01:16
rather than focusing on just the rights
01:19
or the wrongs that happen to have
01:21
occurred in the particular case that
01:23
they are
01:24
hearing as jurors another uh
01:27
trend that we are just starting to face
01:30
as we conquer
01:33
the kobit pandemic and hopefully have it
01:37
come to an end soon
01:38
is dealing with the court orders that
01:41
told
01:41
the statutes of limitations in other
01:44
words stopped
01:45
the statutes of limitations from running
01:47
and those orders are different in every
01:49
jurisdiction
01:51
and for every new case we have to
01:53
calculate
01:54
in a different formula what the statute
01:57
of limitations is
01:59
finally i would say one of the most
02:01
significant trends
02:03
is an outcome of the covid pandemic and
02:06
that is
02:07
i think we’re going to continue to use
02:09
remote hearings remote court appearances
02:12
remote depositions and remote mediation
02:15
using platforms
02:17
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.