Sean McDonough

Sean McDonough

Wilson Elser

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Third District Applies Daubert Retroactively

Florida’s first appellate review under Daubert occurred in Perez v. Bell South Telecommunications, Inc., 39 Fla. L. Weekly D 685b (April 24, 2014). The Third District Court of Appeals became the first Florida appellate court...more

6/3/2014 - Appeals Appellate Review Daubert Standards Expert Testimony Kelly-Frye Test

Florida Court Says, “No Phishing Expeditions Allowed on a Plaintiff’s Facebook Page”

While it is true that social media has become one of the main sources for discovery in personal injury litigation, the basic tenants of discovery that apply to the standard document requests, also apply to this new...more

4/16/2014 - Bodily Injury Discovery Facebook Phishing Scams

Part 3: Local Counsel: Practical Concerns

When an attorney is requested to act as “local counsel” by an out-of-state attorney in a new lawsuit, the practical needs of the out-of-state client can be at odds with rules of professional responsibility and local rules...more

4/2/2014 - Corporate Counsel Jurisdiction

Part 2: Local Counsel: Duties to the Court

When an attorney is requested to act as “local counsel” by an out-of-state attorney in a new lawsuit, the local counsel may have additional duties that flow from Rules of Civil Procedure or Local Rules that govern lead...more

3/28/2014 - Pro Hac Vice Young Lawyers

Part 1: Local Counsel: Opportunity or Pitfall?

Occasionally, attorneys may get a call from an out-of-state attorney requesting them to serve as “local counsel” in a new lawsuit in their home town. Lead counsel explains, “Yeah, I just need you to file some papers, let me...more

3/26/2014 - Corporate Counsel Professional Liability

Feeling the Heat in Florida: Could Canadian Insurers Be Exposed to Florida’s Unfriendly Bad Faith Laws?

Could a Canadian insurer that only insures Canadian residents still be sued for bad faith in Florida for failing to performing certain duties that must be performed in Florida? A recent Florida intermediate appeals court...more

2/10/2014 - Bad Faith Breach of Contract Canada Insurance Contracts Insurers Long Arm Statute Minimum Contacts Personal Jurisdiction

Florida Enacts Law to Protect Design Professionals

On April 24, 2013, Florida Governor Rick Scott signed into law Senate Bill 286, which provides the conditions under which a design professional (i.e., an architect, engineer, interior designer, landscape architect, surveyor,...more

5/10/2013 - Damages Designer Professionals' Liability Geologists Limitation of Liability Clause Negligence Professional Services Contract Third-Party

Florida Poised to Scrap Frye and become a Daubert Jurisdiction

In cases involving scientific or novel evidence, defendants have long been at a disadvantage in Florida due to its very liberal application of the Frye standard. It appears this is about to change. ...more

5/9/2013 - Daubert Standards Evidence Kelly-Frye Test

Economic Loss Rule Now Applies Only in the Products Liability Context

Upon emphasizing and reaffirming its concern with the over-expansion of the economic loss rule, the Supreme Court of Florida recently rendered a decision in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Co., Inc....more

4/15/2013 - Breach of Contract Breach of Duty Condominium Associations Economic Loss Doctrine Insurance Brokers Negligence Property Damage

Economic Loss Rule Now Applies Only in the Products Liability Context

Upon emphasizing and reaffirming its concern with the over-expansion of the economic loss rule, the Supreme Court of Florida recently rendered a decision in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Co., Inc....more

4/15/2013 - Breach of Contract Breach of Duty Condominium Associations Economic Loss Doctrine Insurance Brokers Negligence Property Damage

Florida Repeals International Driving Permit Requirement and Remains a Top U.S. Destination for International Tourists

Foreign visitors are again free to drive Florida’s roads so long as they posses a valid noncommercial driver’s license issued in their home state or country (commercial licenses were never compromised). The Florida...more

4/3/2013 - Driver's Licenses International Driving Permit Repeal

Out-of-Court Statements Made by Attorneys Are Subject to a Lesser Standard for Defamation

In DelMonico v. Traynor, No. SC10-1397 (Fla. February 14, 2013), the Florida Supreme Court expanded the potential liability of attorneys for defamation lawsuits. Traditionally, lawyers, judges and other judicial officers...more

3/21/2013 - Absolute Immunity Defamation Qualified Privilege Witness Statements

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