Andrew O. Gay and Luis Prats | Carlton Fields | November 13, 2018 On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al.[1], the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony. This reaffirmation comes after the Florida Legislature amended section 90.702 to incorporate… Continue reading Supreme Court of Florida Upholds the Frye Standard
Category: Expert Witness
Florida Supreme Court Rebuffs Legislature’s Mandate to Adopt Daubert Standard
Clifford J. Zatz and William L. Anderson | Crowell & Moring LLP | October 22, 2018 Five years after the Florida legislature amended the state’s evidence code to incorporate the Daubert standard for admissibility of expert testimony, the Florida Supreme Court last week held the amendment unconstitutional. “With our decision today,” said the Court, “we reaffirm that Frye, not Daubert,… Continue reading Florida Supreme Court Rebuffs Legislature’s Mandate to Adopt Daubert Standard
Fla. Supreme Court Changes Standard for Admitting Expert Testimony Into Evidence
Ernest Wagner | Marice Wutscher LLP | October 25, 2018 The Supreme Court of Florida recently held that the Florida Legislature’s 2013 amendment of the Florida Rules of Evidence adopting the federal Daubert standard for admitting expert testimony was unconstitutional. In so ruling, the Court returned Florida to the Frye standard for admitting expert testimony. A copy of the… Continue reading Fla. Supreme Court Changes Standard for Admitting Expert Testimony Into Evidence
Don’t Cross The Line With Deposition Witnesses
Shari L. Klevens and Alanna Clair | Mondaq | October 4, 2018 Here are some tips for avoiding ethical issues and the possibility of sanctions in connection with depositions. Most experienced litigators have at least one horror story of a deposition that went poorly. It usually starts with an opposing attorney with an ax to… Continue reading Don’t Cross The Line With Deposition Witnesses
Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion
Gus Sara | The Subrogation Strategist | September 4, 2018 In Woodrum v. Ga. Farm Bureau Mut. Ins. Co., 815 S.E.2d 650 (Ga. Ct. App. 2018), the Court of Appeals of Georgia considered whether the lower court properly disqualified a contractor as an expert witness and excluded the contractor from offering lay opinion testimony regarding the value… Continue reading Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion