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Tyson & Mendes LLP

Taming the Wolf: Florida’s Fifth DCA Holds the Line on Tort Reform

Tyson & Mendes LLP on

The Florida Fifth District Court of Appeal recently issued a significant decision in Wolf v. Williams, clarifying that a critical aspect of Florida’s momentous tort reform effort, Section 768.0427, is not retroactive. This...more

Marshall Dennehey

District Court of Appeals Tell Plaintiffs They ‘Can’t Have Their Cake and Eat It Too’

Marshall Dennehey on

Key Points: In Mickler v. Triplett, 397 So.3d 188 (Fla. 5th DCA Nov. 15, 2024), the Court of Appeal thwarted a new strategy from the plaintiffs’ bar to remove the causation question from the hands of the jury....more

Rumberger | Kirk

Daubert Applies Retroactively, Explains Fourth DCA

Rumberger | Kirk on

The Fourth District Court of Appeal recently issued a reminder that Daubert is the standard for all disputes regarding admissibility of expert testimony in Florida, and applies retroactively even where Frye was the standard...more

Faegre Drinker Biddle & Reath LLP

Growing Pains: The Story Behind Florida’s Daubert Arc – Part 2

Faegre Drinker Biddle & Reath LLP on

The Aftermath of Marsh - When the Marsh case was decided in 2007 its broad interpretation of the “pure opinion exception” and narrow vision of the role of Frye took Florida expert evidence admissibility law well out of the...more

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