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  • Florida First DCA affirms Daubert exclusion of expert causation testimony based on expert’s lack of experience with specific medical condition under review

    On June 3, 2021, in Huggins v. Siegel, No. 1D19-3987, the Florida First DCA ruled that a Daubert motion challenging proposed expert witness testimony was timely even though it was not filed until approximately 230 days...

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  • Florida Third DCA quashes trial court order requiring party’s retained expert to disclose records of money received during the preceding three years from plaintiff’s law firm

    On June 23, 2021, in Hidalgo v. Citizens Property Insurance Corporation, No. 3D20-1811, a case involving an alleged insurance policy breach, the Florida Third DCA ruled that the plaintiff’s engineering expert witness was not required...

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  • Florida Second DCA reverses trial’s court’s directed verdict for defendant in premises liability case involving sickened restaurant customer, ruling that plaintiff’s medical expert did not engage in impermissible inference stacking

    On May 5, 2021, in Martinez v. Lobster Haven, LLC, No. 2D19-2399, the Florida Second DCA reversed a trial court’s order granting the defendant restaurant operator a directed verdict in a personal injury lawsuit filed a restaurant patron who became ill after a seafood dinner...

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  • Eleventh Circuit Court of Appeals rules in medical device product liability case that plaintiff expert’s lack of experience performing robotic as opposed to conventional laparoscopic hysterectomies did not disqualify him from testifying about whether a robotic tool caused the plaintiff’s injuries

    On April 22, 2021, in Moore v. Intuitive Surgical, Inc., No. 19-10869, the Eleventh Circuit Court of Appeals reversed a summary judgment that had been entered by the district court for the defendant medical device manufacturer ...

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  • Florida Third DCA reverses defense verdict in wrongful death case, finds that even assuming police detective’s testimony constituted expert testimony, trial court committed reversible error in allowing him to testify as to hearsay statement from another officer

    On January 27, 2021, in Dayes, etc., v. Werner Enterprises, Inc. et al., No. 3D19-1920, the Florida Third DCA reversed a defense judgment in a wrongful death case due to the trial court’s erroneous...

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  • Florida Fifth DCA denies certiorari petition of personal injury defendant ordered to disclose amount paid by attorney’s law firm to case experts over the preceding three years

    On November 6, 2020, in Routhier, et al. Barnes, et al., No. 5D20-1862, the Florida Fifth DCA denied the certiorari petition of the defendants in a medical negligence case...

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  • Eleventh Circuit rules in negligent design product liability case that that issues regarding testing of plaintiff expert’s alternative saw design went to weight of testimony rather than admissibility

    On October 21, 2020, in Crawford v. ITW Food Equipment Group, LLC, No. 19-10964, the Eleventh Circuit Court of Appeals affirmed a $ 4 million jury verdict...

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  • Florida Fifth DCA denies petition of motor vehicle negligence defendant to quash plaintiff’s interrogatories seeking information concerning the financial relationship, if any, between the defendant’s attorney, liability insurer, and medical experts

    On August 21, 2020, in Owens v. Perron, et al, No. 5D20-508, the Florida Fifth DCA denied the petition for certiorari of a defendant in a motor vehicle negligence case ...

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  • Florida Fourth DCA rules that defense in negligence case erred by eliciting testimony from defense expert disparaging opinion of plaintiff’s expert, but denies reversal after finding that plaintiff counsel’s failure to move for mistrial permitted only "fundamental error" review

    On July 1, 2020, in State Farm v. Medina, No. 4D190954, the Florida Fourth DCA reversed a trial court order which had granted the plaintiff in a motor vehicle negligence case a new trial ...

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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

    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

    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

    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

    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

    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

    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

    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

    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 "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

    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

    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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