Closing Argument: Opportunity and Challenge
How to Make Clear, Quick and Effective Objections
More on Cross-Examination: Building a Case Brick by Brick
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
Making the Lawyer-Client Relationship Work in Challenging Litigation – Speaking of Litigation Video Podcast
The Presumption of Innocence Podcast: Episode 42 - AI in Criminal Justice: Opportunity or Opportunity for Misuse?
Podcast - Refresh vs. Impeach: Know the Difference
Consumer Finance Monitor Podcast Episode: Universal Injunctions, Associational Standing, and Forum Shopping - Their Effects on Legal Challenges to Regulations
Podcast - Impeaching with a Deposition
Podcast - Cross-Examination of Expert Witnesses
Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Cross-Examination: Finding Control
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Cross-Examination: Asking the Right Leading Questions
AGG Talks: Home Health & Hospice - Lessons Learned From ALJ Hospice Audit Appeals
Prelude to the Business Court and 15th Court of Appeals: More Questions Than Answers | Tyler Talbert | Texas Appellate Law Podcast
Podcast - Cross-Examination: The Importance of Organization
Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen
The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two separate per curiam opinions introducing proposed substantial amendments to the Florida Rules of...more
Last week, the Florida Supreme Court released two opinions [here and here] announcing changes to its rules of civil procedure in an attempt “to promote the fair and timely resolution of civil cases.” The amendments are broad...more
Litigating in Florida state court can be a slog. Cases move slowly, discovery can be a hassle, and scheduling is sometimes a headache. Yet judges aren’t to blame—Florida trial courts are overloaded and under-resourced. ...more
September 6, 2022 Every appellate attorney’s dream is a well-developed record on appeal without any unpreserved errors. But that is not always possible. The recent amendment to Florida Rule of Civil Procedure 1.530(a), issued...more
On January 6, 2022, the Florida Supreme Court adopted a new rule that authorizes appeals from interlocutory orders that allow or disallow an amendment to add a claim for punitive damages. Prior to this amendment, there...more
On January 6, 2022, the Florida Supreme Court started the new year off with a bang, to wit: the Court amended Florida Rule of Appellate Procedure 9.130 to allow for appeals of nonfinal orders granting or denying motions to...more
In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer...more
Expert witnesses are a critical part of litigation. A good expert can properly assess a case, help position a case for settlement and provide helpful testimony at trial. Like all witnesses, an expert witness’ bias may be...more
Late last month, the Florida Supreme Court codified into Florida Rule of Civil Procedure 1.280(h) the “apex doctrine” and declared the doctrine applies with equal force to high-ranking corporate and government officials....more
On 26 August 2021, the Supreme Court of Florida (the Court), on its own motion, issued an opinion amending Florida Rule of Civil Procedure 1.280 (the Opinion). The amendment officially codifies the common-law “Apex Doctrine”...more
On August 26, 2021, the Florida Supreme Court amended the Florida Rules of Civil Procedure to adopt the so-called “apex doctrine” that protects high-level corporate officers from abusive discovery. ...more
The Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.510 (Summary Judgment), adopting the less restrictive federal summary judgment standard as articulated by the United States Supreme Court in Celotex...more
Executive Summary: - In a monumental shift for state-court litigators and litigants, the Florida Supreme Court recently decided to forego the established state law standard for summary judgment in favor of adopting the...more
Florida courts have required the moving party to “conclusively disprove” the nonmovant’s theory of the case in order to eliminate any issue of fact, whereas the federal doctrine permits the entry of summary judgment when...more
It’s Time to Adapt Your Litigation Strategy to a More Flexible Summary Judgment Standard - On the final day of 2020, the Florida Supreme Court waived adieu to the past in two related decisions on the summary judgment...more
The Florida Supreme Court recently reminded us of an adage of trial practice: Do not depend on a perceived mistake by the trial court to preserve an issue for appeal. A lawyer must fulfill his or her obligation to spell out...more
The Florida Legislature recently amended Florida Statutes section 26.012 and, in so doing, eliminated circuit court jurisdiction over most county court appeals. Effective January 1, 2021, most county court rulings will now be...more
Florida Supreme Court rewrites the rules, lifting restrictions on the immediate appeal of orders denying absolute, qualified, or sovereign immunity. For those who have kept abreast of the latest opinions issued by the...more
Impact of Amendments to Florida Rule of Appellate Procedure 9.130 and Florida Highway Patrol v. Jackson on Governmental Entities and Employees If you are a State Agency, City, County, Sheriff’s Office, School Board, Police...more
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
On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al., the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony. This reaffirmation comes...more
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
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
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
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