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  • Florida Second DCA holds that personal injury defendant was required to disclose information concerning the financial relationship between the defendant’s insurer, expert witnesses and the law firm defending them
    Florida Second DCA holds that personal injury defendant was required to disclose information concerning the financial relationship between the defendant’s insurer, expert witnesses and the law firm defending them

    On January 3, 2020, in Tortorella-Andrews v. Delvecchio, No. 2D19-844, the Florida Second DCA issued a per curiam denial of a writ for certiorari that had been filed by a defendant ...

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  • Florida Third DCA finds that county building official who was subpoenaed for testimony as a non-retained expert in wrongful death lawsuit could not be compelled to testify
    Florida Third DCA finds that county building official who was subpoenaed for testimony as a non-retained expert in wrongful death lawsuit could not be compelled to testify

    On December 4, 2019, in Miami-Dade County v. Morejon, No. 3D19-1784, the Florida Third DCA quashed a trial court order which effectively compelled the testimony of a county official who had been subpoenaed ...

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  • Florida Third DCA holds in slip-and-fall case that defense counsel was entitled to inquire at trial about treating physician’s percentage of practice and income derived from referrals from the law firm representing the plaintiff
    Florida Third DCA holds in slip-and-fall case that defense counsel was entitled to inquire at trial about treating physician’s percentage of practice and income derived from referrals from the law firm representing the plaintiff

    On October 16, 2019, in Araujo v. Winn-Dixie Stores, Inc., Nos. 3D18-2475 and 3D18-204, the Florida Third DCA affirmed a final judgment ...

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  • Eleventh Circuit Court of Appeals rules that  trial court did not abuse discretion in allowing testimony of plaintiff’s specific causation expert in medical device product liability case about effect of device that was allegedly undisclosed in Rule 26 expert report
    Eleventh Circuit Court of Appeals rules that trial court did not abuse discretion in allowing testimony of plaintiff’s specific causation expert in medical device product liability case about effect of device that was allegedly undisclosed in Rule 26 expert report

    On October 8, 2019, in Taylor v. Mentor Worldwide LLC, the Eleventh Circuit Court of Appeals affirmed a district court judgment for the plaintiff following a jury trial in a product liability case arising out of the multidistrict litigation ...

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  • Florida Fourth DCA rules that expert testimony from accident reconstruction expert drawing inferences about intoxication based on driving behavior was inadmissible under Daubert standard
    Florida Fourth DCA rules that expert testimony from accident reconstruction expert drawing inferences about intoxication based on driving behavior was inadmissible under Daubert standard

    On October 2, 2019, in Mastec North America, Inc. v. Morakis, No. 4D18-1321, the Florida Fourth DCA reversed a jury verdict in favor of the plaintiff in a motor vehicle negligence case ...

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  • Florida Fourth DCA that discovery protections afforded defense expert in negligence case extended to non-party corporate entity with which the expert was affiliated
    Florida Fourth DCA that discovery protections afforded defense expert in negligence case extended to non-party corporate entity with which the expert was affiliated

    On June 12, 2019, in Orthopedic Center of South Florida v. Sode , No. 4D18-3478, the Florida Fourth DCA quashed a trial court order compelling the production of documents by a non-party orthopedic ...

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  • Florida Supreme Court adopts Daubert standard for admission of admission of expert testimony
    Florida Supreme Court adopts Daubert standard for admission of admission of expert testimony

    On May 23, 2019, in In Re: Amendments to the Florida Evidence Code , No. SC19-107, the Florida Supreme Court adopted the amendments to sections 90.702 and 90.704 of the Florida Evidence passed by the ...

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  • Florida Fifth DCA reverses trial court's ruling granting new trial to medical negligence plaintiff on basis that that defense verdict was against manifest weight of the evidence
    Florida Fifth DCA reverses trial court's ruling granting new trial to medical negligence plaintiff on basis that that defense verdict was against manifest weight of the evidence

    On March 29, 2016, in Hashmi-Alikhan, M.D. et al v. Staples, et al ., No. 5D16-3735, the Florida Fifth DCA reversed a trial court’s ruling which had granted a new trial to a medical negligence ...

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  • Florida Supreme Court rules that testimony of medical negligence plaintiff's treating physicians was not subject to
    Florida Supreme Court rules that testimony of medical negligence plaintiff's treating physicians was not subject to "one expert per specialty rule"

    On March 22, 2018, in Gutierrez v. Vargas , No. SC15-1924, the Florida Supreme Court quashed a Florida Third DCA decision remanding a medical negligence case for a new trial. The Third DCA decision ...

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  • Florida Fifth DCA rules that trial court erred in holding that plaintiff's agreement to answer Boecher interrogatories constituted an express waiver of all privileges
    Florida Fifth DCA rules that trial court erred in holding that plaintiff's agreement to answer Boecher interrogatories constituted an express waiver of all privileges

    On February 16, 2018, in Newman v. Hirst , No. 5D17-2482, the Florida Fifth DCA granted the plaintiff’s petition for certiorari and quashed a trial court’s ruling finding that the plaintiff had ...

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  • Florida Fourth DCA rules that trial court properly excluded defense expert testimony in medical negligence trial but erred in denying plaintiff's motion for attorney's fees
    Florida Fourth DCA rules that trial court properly excluded defense expert testimony in medical negligence trial but erred in denying plaintiff's motion for attorney's fees

    On February 14, 2018, in Sanchez v. Cinque , No. 4D16-2530, the Florida Fourth affirmed a final judgment for a medical negligence plaintiff following a jury verdict in the plaintiff’s favor, ruling ...

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