Rahul Gogineni | Subrogation Strategist | December 12, 2018 In Delisle v. Crane Co., 2018 Fla. LEXIS 1883, 43 Fla. L. Weekly S 459, the Supreme Court of Florida reaffirmed that the appropriate test for admissibility of an expert opinion about new or novel scientific evidence is the “Frye” test, not the “Daubert” test. As result… Continue reading Florida Decides Against Adopting Daubert
Tag: Daubert Challenge
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
Cross-Examining the Expert Witness in a PL Case Part III: Challenging the Methodology
Rosario M. Vignali | Wilson Elser | January 16, 2018 In this third and last installment of our three-part series examining the type of deposition questioning that can derail your opponent’s expert and set up a successful Daubert challenge, we will look at Daubert’s insistence that the expert’s opinions be based on “reliable methodology” before opinions can be… Continue reading Cross-Examining the Expert Witness in a PL Case Part III: Challenging the Methodology
Asking the Right Questions at the Expert’s Deposition to lay the foundation for your client’s Daubert Challenge
Rosario M. Vignali | Wilson Elser | October 2, 2017 Deposing your adversary’s liability expert is not only a chance to delve into the details of the expert’s opinions, but the deposition also presents a great opportunity for defense counsel to explore the sustainability of the expert’s opinions going forward. In the context of a… Continue reading Asking the Right Questions at the Expert’s Deposition to lay the foundation for your client’s Daubert Challenge