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

BusinessTestimony_HorPart 2 of Series on Florida’s Adoption of the Daubert Standard for Admissibility of Expert Testimony

The Florida legislature’s adoption of the Daubert Standard for admissibility of expert testimony took several sessions to pass as a well-organized Plaintiff’s Bar fought hard against it. However, the legislature’s affinity for laws that promote the growth of business within the state eventually won the day. Why did the Plaintiffs’ Bar resist?


Continue Reading Why Do Florida Plaintiff’s Attorneys Dread the Application of Daubert?

ScienceExpertTestimonyFlorida jurors are now considering more reliable expert testimony since the Florida legislature reformed the court’s role in precluding unreliable expert testimony. Starting July 1, 2013, the court has to follow the Daubert standard, which requires a judge to exercise greater scrutiny of the facts and data on which an expert’s opinions are based.  As a result, Florida defense lawyers and their clients have a stronger arrow in their quiver to attack a plaintiff’s case that’s based on shaky expert opinions.
Continue Reading Florida’s More Stringent Daubert Standard: Part 1