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

In products liability litigation, the question of whether a product was defectively designed because the manufacturer decided to make certain safety equipment “optional” instead of “standard” is an issue that arises often in cases involving heavy equipment and machinery or commercial vehicles.

Continue Reading The NY Court of Appeals Addresses “Optional Safety Equipment” in Fasolas v. Bobcat of N.Y., Inc.

Last week I had the honor of moderating the main-stage judges’ panel at the DRI Product Liability Conference in Austin, Texas.  I was joined by three distinguished members of the Federal judiciary:

Continue Reading From the Perspective of the Bench: Discovery Cooperation & Proportionality in Complex Products Litigation

In September 2018, California passed SB-327, the first Internet of Things (IoT) security law addressing growing concerns over cybersecurity for the burgeoning market of consumer IoT devices.

Continue Reading Internet-of-Things Security Standards: Will States Follow California’s Lead or Look Across the Pond for Further Guidance?

Electric scooters and the shared economy

If you have spent any time in Los Angeles or New York City recently, you may have noticed adults riding two-wheeled electric scooters − the type we are more accustomed to seeing kids ride. These scooters are the latest transportation tools in the ever-evolving sharing economy.

Continue Reading As Electric Scooters Barrel Their Way into the Sharing Economy, Manufacturers and Their Insurers Should Prepare for an Influx of New Claims