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Requiring an Expert to Have Experience with the Specific Product at Issue is “Too High” a Standard

On April 22, 2021, the U.S. Court of Appeals for the 11th Circuit found in Moore v. Intuitive Surgical, Inc., Case No. 1:15-cv-00056-LAG (11th Cir. April 22, 2021), that a surgeon serving as an expert who had not used the...more

Game of Experts: A Song of Frye & Daubert in Florida State Courts

Spoiler Alert: This Alert may reveal spoilers from Game of Thrones. In November 2018, we reported that the Florida Supreme Court inDelisle v. Crane Co., 258 So. 3d 1219 (Fla. 2018), found that “Frye, not Daubert, is the...more

Could Daubert be Dying in Florida?

On February 16, 2017, the Florida Supreme Court issued an opinion in In Re: Amendments to the Florida Evidence Code, No. SC16-181, in which the court declined to adopt the Daubert standard, on procedural grounds, for...more

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