A Florida appeals court this week entered an order quashing a trial court’s order allowing a plaintiff to add a claim for punitive damages against a nursing home and suggested, along with other appellate courts, that there should be an immediate appeal of all orders allowing the addition of punitive damages claim. Under Florida law,… Read More
Avoiding the Pitfalls of “Postoffer Settlements” in Calculating the “Judgment Obtained” Under Florida’s Offer of Judgment Statute
Prepared by Davis R. Watson, III, Esq. Vernis & Bowling of St. Petersburg, FL You, your insured, or your client receives a proposal for settlement from the plaintiff, and the first thing we all do is calculate that “number to beat” at trial based on the statutory 25 percent rule. It is often the primary… Read More
Florida Supreme Court adopts Daubert
On May 23, 2019 the Supreme Court of Florida reversed itself and adopted the Daubert standard for determining the admissibility of expert testimony. In case no. SC19-107, In re: Amendments to the Florida Evidence Code, the court reversed its decisions in In re Amendments to Florida Evidence Code, 210 So. 3d 1231, 1239 (Fla. 2017)… Read More
Daubert is Dead in Florida State Courts: The Florida Supreme Court Establishes that the Frye Standard Governs the Admissibility of Expert Testimony in DeLisle v. Crane Co., et al., SC16-2182, 43 Fla. L. Weekly S459a (Fla. Oct. 15, 2018)
Prepared by Justin Siegwald, Esq. In 2013, the Florida Legislature amended Section 90.702 of the Florida Rules of Evidence, effectively incorporating Daubert as the standard governing the admissibility of expert witness testimony. Daubert, the standard used by federal courts, relies upon trial courts to determine the reliability of an expert’s testimony by conducting a detailed… Read More