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Admissibility Florida

Rumberger | Kirk

Daubert Applies Retroactively, Explains Fourth DCA

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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

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

Butler Weihmuller Katz Craig LLP

The Final Word? The Florida Supreme Court Adopts the Daubert Standard for Evidence

Prior to 1993, federal and state courts used the standard enunciated in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), to determine whether scientific evidence should be admitted at a trial. ...more

Rumberger | Kirk

In Reversal of Prior Opinion, Florida Supreme Court Adopts Daubert Standard, Rejects Frye

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Today, in a sudden reversal of direction, the Supreme Court of Florida receded from its rejection of the Daubert standard for expert testimony and ruled that, effective immediately, Daubert is now the governing standard in...more

Rumberger | Kirk

Florida Supreme Court Rejects Daubert, Returns Florida to Frye Standard

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On October 15, 2018, the Supreme Court of Florida invalidated the 2013 legislative changes to the Florida Evidence Code that adopted the modern Daubert standard for admissibility of expert testimony, returning Florida to the...more

Rumberger | Kirk

Florida Supreme Court Hears Argument On Daubert Standard

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On March 6, 2018, the Supreme Court of Florida heard argument in a case that presents the Court with an opportunity to resolve whether Frye or Daubert will be the governing standard for admission of expert testimony going...more

Rumberger | Kirk

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard - UPDATED

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January 10, 2018 UPDATE: The Supreme Court of Florida has scheduled oral argument in the case for March 6, 2018, at 9:00 a.m The Supreme Court of Florida is poised to decide the constitutionality of the Daubert standard...more

Rumberger | Kirk

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard

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The Supreme Court of Florida is poised to decide the constitutionality the Daubert standard for admissibility of expert testimony, resolving whether Frye or Daubert will be the governing standard going forward in Florida...more

Holland & Knight LLP

Florida Supreme Court Rejects More Rigorous Expert Testimony Standard

Holland & Knight LLP on

The federal court system and 36 states have adopted the so-called Daubert standard in place of the Frye standard when it comes to qualifying expert witnesses under the rules of evidence. In 2013, the Florida Legislature...more

Butler Weihmuller Katz Craig LLP

Supreme Court speaks on Daubert – says not much

Last week the supreme court issued its opinion on the recommendations of the Florida Bar Rules committee regarding the new Daubert statute. The supreme court noted there are “grave concerns” that (unidentified) elements of...more

Rumberger | Kirk

Daubert Under the Microscope Again by Florida Courts

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In a ruling that raises new issues about the adoption of the Daubert standard for the admissibility of expert opinions in Florida state court, the Florida Supreme Court has declined to adopt, to the extent they are...more

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