In a flurry of year-end activity, New York’s Governor Andrew Cuomo issued a series of legislative vetoes – at least three of which should be of interest to our readers.

Continue Reading New York’s Governor Ends Year with Three Important Legislative Vetoes

Under the title “New York May Soon Increase Recoverable Wrongful Death Damages,” we wrote recently about efforts within the New York State Legislature to significantly add to the types of damages that could be awarded in wrongful death litigation.

Continue Reading New York Legislature Declines to Expand Wrongful Death Damages

Two bills currently wending their way through the New York State Assembly and Senate, if enacted, would significantly increase the nature and amount of damages that could be awarded to plaintiffs in wrongful death actions filed in New York.

Continue Reading NY State May Soon Increase Recoverable Wrongful Death Damages

In a sudden reversal and after more than more than five years of uncertainty, on May 23, 2019, the Supreme Court of Florida ruled that Daubert – not Frye – now governs the admissibility of expert testimony in Florida. See In re Amendments to the Florida Evidence Code, No. SC19-107, May 23, 2019.

Continue Reading The Daubert Standard Once Again Controls in Florida State Court

After more than five years of uncertainty, the Florida Supreme Court’s opinion in DeLisle v. Crane finally settled the debate over the standard for determining the admissibility of expert witness testimony in Florida state courts. Case No. SC16-2182 (Fla. Oct. 15, 2018). In a narrow 4-3 decision, the court rejected Daubert and adopted Frye. The outcome should come as no surprise. In 2017, in a rarely exercised move, the Florida Supreme Court declined to adopt the legislature’s 2013 revisions to the Florida Evidence Code codifying Daubert.


Continue Reading Frye Is Now, and Once Again, the Standard for Expert Opinion Admissibility in Florida