Certifying the Real Estate Damages Class – An Appraiser’s Perspective

This article reviews the basic underpinnings of real estate valuation and appraisal methods as they are applied in mass tort. It then summarizes the appraisal perspective on six categories of questions addressed in recent, successful class certifications:

Do individual property idiosyncrasies cause mass appraisal methods to violate Daubert?
Can the mass […]

Daubert Raises Its Ugly Head Again

A court of appeals in Kentucky threw out an award based on the expert’s failure under Daubert.
Author: John A. Kilpatrick
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Summation of Evidentiary Rules for Real Estate Experts Mandated by Daubert v. Merrell Dow Pharmaceuticals, Inc.

Real estate professionals who are prospective expert witnesses face a new set of rules in gaining admissibility of their evidence and opinion into court. For many years, the credentials of the real estate expert were the primary criterion to qualification as an expert, and a single testimony often “validated” […]