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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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