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Evidence Kelly-Frye Test

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

Whither Roberti? The Cockroach Precedent - An Exercise in Magical, Wishful Thinking

Amateur philosophers, bar flies, and eulogists, among others, are known to wistfully observe that nothing dies so long as it is remembered and discussed. That’s a comforting sentiment when it comes to loved ones and legacies,...more

White and Williams LLP

Florida Adopts Daubert Standard for Expert Testimony

White and Williams LLP on

Seven months ago, the Florida Supreme Court declined to adopt Daubert as the standard for admitting expert testimony in Florida state courts. In DeLisle v. Crane Co., 258 So. 3d 1219 (2018), the court reaffirmed that “Frye,...more

Faegre Drinker Biddle & Reath LLP

Growing Pains: The Story Behind Florida’s Daubert Arc – Part 3

In 2013, spurred by the decisions in Marsh and Hood, the Florida Legislature amended F.S. 90.702 to mirror Federal Rule of Evidence 702. In a preamble to the final bill, the Legislature expressed its intent to (1) adopt the...more

Faegre Drinker Biddle & Reath LLP

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

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

Faegre Drinker Biddle & Reath LLP

Growing Pains: The Story Behind Florida’s Daubert Arc – Part 1

The steady but sometimes slow adoption by the states of the Daubert standard for expert admissibility, and the accompanying recession of the Frye standard, is something of a coming of age for the national jurisprudence. Frye...more

Holland & Knight LLP

Florida Supreme Court Adopts Daubert Standard for Admission of Expert Testimony

Holland & Knight LLP on

In In re: Amendments to the Florida Evidence Code, No. SC19-107 (Fla. May 23, 2019), the Florida Supreme Court used its exclusive rulemaking authority to adopt the Daubert standard governing the admission of expert testimony,...more

Saul Ewing LLP

Florida Supreme Court Reaffirms Frye Admissibility Standard for Expert Opinions

Saul Ewing LLP on

On October 15, 2018, the Florida Supreme Court, in a 4-3 decision, settled the long running debate about the appropriate admissibility standard for expert opinions in Florida state courts. ...more

Proskauer - Minding Your Business

Is the Frye Standard Making a Comeback in Florida?

On July 11, 2017, the Florida Supreme Court accepted jurisdiction of a case in which it is expected to finally decide, conclusively, whether Florida courts are to apply the Frye or Daubert standard to determine admissibility...more

Cozen O'Connor

New York Court of Appeals Rejects Litigation Science under Frye Standard

Cozen O'Connor on

Put quotes around the phrase “litigation science” and Google it. Go ahead, we’ll wait. . . . . What did you find? Not good, right. You found a lot. Too much. The first Google page alone shows how controversial this...more

Bilzin Sumberg

Florida Adopts More Stringent Standard For Expert Witnesses

Bilzin Sumberg on

Florida recently joined the federal courts and 40 other states in adopting the Daubert standard for admissibility of expert testimony....more

Carlton Fields

Legislature Amends Evidence Code Provisions Governing Admission Of Expert Testimony

Carlton Fields on

The Florida Legislature passed House Bill 7015, dealing with expert testimony, which has been signed into law by Governor Scott. Chapter 2013-107, Laws of Florida, amends Florida’s evidence code to conform to Rule 702 of the...more

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