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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

In our experience providing education expert witness services in school liability cases across the United States and Canada, we have observed that several misunderstandings do arise in school districts. This often involves administrators, staff, parents, and students. Commonly affected areas are Title IX, special education, student supervision, harassment, intimidation, and bullying...

Key Takeaways Frye Standards are more restrictive and require that testimony, ideas, and methods be generally accepted in the relevant professional community. Education experts satisfy Frye by relying on long-standing practices in the field. Daubert standards are more permissive, but expert testimony is subject to more rigorous scrutiny to ensure...

Expert witnesses are often pivotal in helping plaintiff and defendant attorneys present compelling evidence or effectively rebut the opposition’s claims during liability cases brought against schools and other child—and youth-oriented agencies. Courts rely on experts to decode complex child education, supervision, and safety information. Therefore, expert witness qualifications and testimony...

Expert witness testimony admissibility disputes in court are an inherent possibility. Rule 702 is the base standard for testimony scrutiny, so plaintiff and defendant attorneys should clearly understand its criteria and nuances to suitably apply it to build their case, counter the opposition, or challenge incorrect applications of the rule. Let...

All colleges and universities owe some level of care and have a duty to keep students reasonably safe while attending school and residing on campus. Colleges and universities have to plan and take proactive initiatives to minimize the incidence of violent crimes and student injury and harm resulting from college...