Daubert Standard

698 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Frazier
  387 F.3d 1244· 11th Cir.· 2004-10-15 ·cited 529×
  The district court abused its discretion by excluding the defense's expert witness testimony regarding the lack of forensic evidence and the expected findings in a sexual assault case. This exclusion, coupled with allowing the government's witnesses to testify as experts on the s
• Cook v. Sheriff OF Monroe Cnty.
  402 F.3d 1092· 11th Cir.· 2005-03-10 ·cited 211×
  Daniel Tessier, a pretrial detainee at Monroe County Detention Center, died by suicide on May 21, 1999, four days after his arrest. Louise Cook, as personal representative of Tessier's estate and on behalf of his minor child, brought suit against Sheriff Rick Roth alleging three
• United States v. Feldman
  788 F.2d 544· 9th Cir.· 1986-04-24 ·cited 161×
  The court held that sua sponte dismissals restart the Speedy Trial Act clock, the warrantless search of the car was a lawful inventory search, and the defendant's other claims of error were either harmless or without merit.
• Spann v. State
  857 So. 2d 845· Fla.· 2003-04-03 ·cited 97×
  Anthony Spann was convicted of first-degree murder for his role in a carjacking and murder committed during a series of felonies. The Florida Supreme Court affirmed both his conviction and death sentence, rejecting challenges to the admission of handwriting evidence, the validity
• McGuire v. Ryland Grp., Inc.
  2007 WL 2079961· M.D. Fla.· 2007-07-19 ·cited 95×
  The court denied the plaintiff's motion for reconsideration of the FDUTPA claim and granted the defendant's motion for reconsideration, reversing its prior decision and granting summary judgment on the implied warranty claim.
• Knight v. Miami-Dade Cnty.
  856 F.3d 795· 11th Cir.· 2017-05-05 ·cited 81×
  Officers Ryan Robinson and Michael Mendez of the Miami-Dade Police Department shot and killed Frisco Blackwood and Michael Knight and wounded Latasha Cure during a traffic stop on November 12, 2007. Knight's estate and Cure sued under 42 U.S.C. § 1983 for excessive force and unde
• Furmanite Am., Inc. v. T.D. Williamson, Inc.
  506 F. Supp. 2d 1126· M.D. Fla.· 2007-04-05 ·cited 72×
  The court denied the motion to strike the damages expert, finding the objections related to the weight of evidence, not admissibility. The court also denied the motion to strike the computer forensics specialist, finding him to be a fact witness, but cautioned against allowing hi
• Marsh v. Valyou
  977 So. 2d 543· Fla.· 2007-11-21 ·cited 65×
  The Florida Supreme Court held that expert testimony causally linking physical trauma to fibromyalgia is not subject to the Frye test for novel scientific evidence because it constitutes 'pure opinion' based on the expert's training and experience, and even if Frye applied, such
• McMULLEN v. State
  714 So. 2d 368· Fla.· 1998-04-09 ·cited 64×
  The Florida Supreme Court held that the admissibility of expert testimony regarding the reliability of eyewitness identification is discretionary with the trial judge, and affirmed the trial court's exclusion of such testimony in a case where eyewitness identification was the pri
• United States v. Pon
  963 F.3d 1207· 11th Cir.· 2020-06-29 ·cited 55×
  An ophthalmologist diagnosed hundreds of elderly Medicare patients with wet age-related macular degeneration and billed Medicare for laser photocoagulation treatments using extremely low-power laser settings incapable of achieving the coagulation necessary to treat the disease, w
• Margo Lynch v. Merrell-National Labs.
  830 F.2d 1190· 1st Cir.· 1987-09-30 ·cited 54×
  The court held that the plaintiffs' expert testimony on causation was inadmissible due to a lack of scientific foundation, and therefore summary judgment for the defendant was appropriate.
• McAteer v. Ciardi Ciardi & Astin, P.C.
  280 F.R.D. 653· S.D. Fla.· 2019-09-16 ·cited 53×
  The court denied defendants' Daubert motions to exclude expert testimony, finding the experts qualified and their methodologies sufficiently reliable.
• In re AIR Crash Disaster AT NEW Orleans v. PAN Am. World Airways
  795 F.2d 1230· 5th Cir.· 1986-08-06 ·cited 51×
  The court held that the evidence supporting the loss of inheritance damages was too speculative and that the general damage award was excessive, requiring a new trial.
• Tamanchia Moore v. Intuitive Surgical, Inc.
  995 F.3d 839· 11th Cir.· 2021-04-22 ·cited 46×
  A patient injured by a thermal burn to her ureter during a robotic hysterectomy procedure sued the manufacturer of the surgical tool alleged to have caused the injury, and the district court excluded her expert witness—an experienced gynecological surgeon with over forty years of
• Berry v. CSX Transp., Inc.
  709 So. 2d 552· Fla. 1st DCA· 1998-03-03 ·cited 45×
  In this consolidated toxic tort appeal, the Florida Court of Appeal reversed the trial court's exclusion of expert testimony regarding causation between long-term organic solvent exposure and toxic encephalopathy in railroad workers. The court held that under the Frye test, the m
• Gisriel v. Uniroyal, Inc.
  517 F.2d 699· 8th Cir.· 1975-06-06 ·cited 37×
  The court held that there was sufficient evidence to support the jury's verdict and that the jury instruction on the manufacturer's duty to warn was not prejudicially erroneous.
• L.L. v. State
  189 So. 3d 252· Fla. 3d DCA· 2016-04-06 ·cited 35×
  A Florida appellate court upheld the admissibility of a police officer's opinion that a substance was marijuana based on sight and smell alone, classifying such testimony as lay opinion under Florida's evidence code rather than requiring expert qualification under the Daubert sta
• Peteet v. DOW Chem. Co.
  868 F.2d 1428· 5th Cir.· 1989-04-04 ·cited 34×
  The court held that the district court did not abuse its discretion in admitting expert testimony linking herbicide exposure to cancer and in denying motions for a new trial and venue transfer.
• Davis v. State
  142 So. 3d 867· Fla.· 2014-07-07 ·cited 32×
  Eddie Wayne Davis, a death row inmate, appealed the circuit court's denial of his successive motion for postconviction relief filed after his death warrant was signed, raising three claims: an as-applied Eighth Amendment challenge to Florida's lethal injection protocol based on a
• In re Amendments to the Florida Evidence Code
  210 So. 3d 1231· Fla.· 2017-02-16 ·cited 31×
  The Florida Supreme Court declined to adopt three legislative amendments to the Florida Evidence Code and related statutes: the Daubert Amendment (replacing Frye standard with Daubert standard for expert testimony), the Same Specialty Amendment (restricting medical malpractice ex
• Knepfle v. J & P Cycles, LLC
  48 F.4th 1282· 11th Cir.· 2022-09-14 ·cited 30×
  The Eleventh Circuit held that the district court erred by exercising personal jurisdiction over HJC without conducting a veil-piercing or alter-ego analysis, and that the exclusion of the plaintiff's expert testimony was proper.
• Delisle v. Crane Co.
  258 So. 3d 1219· Fla.· 2018-10-15 ·cited 30×
  The Florida Supreme Court held that a 2013 legislative amendment to section 90.702 of the Florida Evidence Code, which replaced the Frye test with the Daubert standard for expert testimony, was unconstitutional as an infringement on the Court's rulemaking authority. The Court rea
• Fittipaldi USA, Inc. v. Helio Castroneves
  905 So. 2d 182· Fla. 3d DCA· 2005-03-30 ·cited 30×
  Fittipaldi USA, Inc. appeals a jury verdict in a breach of contract dispute with race car driver Helio Castroneves. The court affirmed the judgment, finding that while the trial court erred in allowing attorney Alan Miller's undisclosed expert testimony regarding contract quality
• United States Sugar Corp. v. G.J. Henson
  787 So. 2d 3· Fla. 1st DCA· 2000-12-29 ·cited 30×
  United States Sugar Corporation appeals a workers' compensation judgment finding that employee G.J. Henson's phrenic nerve paralysis and resulting total disability were caused by 28 years of occupational pesticide exposure. The appellate court affirmed the judgment, holding that
• Haggerty v. Upjohn Co.
  950 F. Supp. 1160· S.D. Fla.· 1996-12-06 ·cited 30×
  The court held that the plaintiff's sole expert's causation opinion was inadmissible because her methodology was not scientifically reliable or valid under Daubert, leading to a lack of essential expert testimony.
• Burlington N., Inc. v. Boxberger
  529 F.2d 284· 9th Cir.· 1975-11-26 ·cited 30×
  The court held that the trial court did not abuse its discretion in admitting the expert economist's testimony and that evidence of future income taxes should be admissible in FELA cases where the income is substantial enough for taxes to have a significant impact.
• Osmany Anthony Perez v. Bell S. Telecomms., Inc.
  138 So. 3d 492· Fla. 3d DCA· 2014-04-23 ·cited 28×
  In this negligence case, a minor's appeal challenges the trial court's exclusion of expert testimony linking his premature birth to maternal workplace stress. The appellate court affirmed the exclusion under both the former Frye test and the newly adopted Daubert standard, findin
• Prosper v. Martin
  989 F.3d 1242· 11th Cir.· 2021-03-05 ·cited 27×
  The court held that the district court did not abuse its discretion in excluding expert testimony and did not err in granting summary judgment based on qualified immunity.
• Brim v. State
  779 So. 2d 427· Fla. 2d DCA· 2000-10-11 ·cited 27×
  Robert James Brim appeals the denial of his motion for a new trial in a sexual battery case where DNA evidence was critical to his conviction. The Florida Supreme Court remanded for a new Frye hearing to determine whether the statistical methodology for presenting DNA results was
• Doe v. Rollins Coll.
  77 F.4th 1340· 11th Cir.· 2023-08-14 ·cited 26×
  A male college student challenged Rollins College's disciplinary findings that he violated the college's sexual misconduct policy by digitally penetrating a female student without her consent, asserting Title IX discrimination claims and a breach of contract claim. The Eleventh C
• United States v. Masferrer
  367 F. Supp. 2d 1365· S.D. Fla.· 2005-04-29 ·cited 26×
  The court excluded the government's proffered expert testimony because it failed to meet the reliability and helpfulness standards required by Daubert and Rule 702.
• Lord v. Fairway Elec. Corp.
  223 F. Supp. 2d 1270· M.D. Fla.· 2002-07-01 ·cited 26×
  The court held that the plaintiff's motion to amend the complaint should be denied due to undue delay, prejudice, and futility, and the defendant's motion to exclude expert testimony should be granted because the expert's opinion was unreliable.
• Giaimo v. Fla. Autosport, Inc.
  154 So. 3d 385· Fla. 1st DCA· 2014-11-26 ·cited 24×
  Anthony Giaimo appealed a workers' compensation determination that his permanent total disability benefits should be apportioned between a 2009 non-work accident and a 2010 workplace accident that aggravated his pre-existing injuries. The court affirmed the finding of aggravation
• Baan v. Columbia Cnty.
  180 So. 3d 1127· Fla. 1st DCA· 2015-12-08 ·cited 23×
  In this medical malpractice case arising from an infant's death, the Florida First District Court of Appeal reversed a summary judgment for EMS based on the trial court's erroneous exclusion of expert testimony. The court held that the expert's opinions regarding the standard of
• Jabari Kemp v. State
  280 So. 3d 81· Fla. 4th DCA· 2019-05-08 ·cited 22×
  The trial court did not abuse its discretion in admitting the accident reconstructionist's opinion that the defendant's vehicle was braking at impact based on the arc-shaped damage pattern to the victim's vehicle. The expert's extensive training, field experience in over sixty-fi
• Johnson & Johnson Vision Care, Inc. v. Ciba Vision Corp.
  616 F. Supp. 2d 1250· M.D. Fla.· 2009-03-26 ·cited 21×
  The court deferred ruling on whether patent claims lacking a 'surface treatment process' limitation must be enabled without such a process, pending further development at trial. Most motions in limine and Daubert motions were denied without prejudice, deferring rulings until tria
• United States v. Esformes
  60 F.4th 621· 11th Cir.· 2023-01-06 ·cited 20×
  Philip Esformes challenged his convictions for healthcare fraud, illegal kickbacks, and money laundering, arguing prosecutorial misconduct violated attorney-client privilege, expert testimony was improperly admitted, and his restitution and forfeiture awards were unlawful, but th
• Mobile Shelter Sys. USA, Inc. v. Grate Pallet Solutions, LLC
  845 F. Supp. 2d 1241· M.D. Fla.· 2012-01-14 ·cited 19×
  Summary judgment is granted for defendants on all claims. The court excluded expert testimony of Dr. Charles Benedict for untimely disclosure of trade dress opinions in violation of Rule 26, finding substantial prejudice to defendants and no substantial justification or harmlessn
• Rumph v. In the Interest of V.D.
  667 So. 2d 998· Fla. 3d DCA· 1996-02-14 ·cited 18×
• Carroll v. Otis Elevator Co.
  896 F.2d 210· 7th Cir.· 1990-02-09 ·cited 18×
  The court held that the trial court did not abuse its discretion in qualifying an experimental psychologist as an expert witness. The witness's testimony assisted the trier of fact regarding the design of an escalator's emergency stop button.
• Walerowicz v. Hosang
  248 So. 3d 140· Fla. 4th DCA· 2018-05-23 ·cited 16×
  The trial court properly denied the defendant's motion for directed verdict regarding past medical expenses because the plaintiff's testimony describing her treatment procedures and relating them to the accident injuries, combined with the surgeon's testimony and the medical bill
• Eberli v. Cirrus Design Corp.
  615 F. Supp. 2d 1357· S.D. Fla.· 2009-05-19 ·cited 16×
  The court held that expert testimony must be based on reliable methodology and assist the trier of fact, excluding opinions that are speculative or merely adopt another expert's conclusions without independent analysis.
• Toro v. State
  642 So. 2d 78· Fla. 5th DCA· 1994-09-02 ·cited 16×
  Edwin Toro appeals his conviction for child sexual abuse, challenging the admissibility of expert psychological testimony that the victim exhibited symptoms consistent with sexual abuse. The Fifth District Court of Appeal affirms the conviction but issues a cautionary opinion que
• St. Louis Condo. Ass'n, Inc. v. Rockhill Ins. Co.
  5 F.4th 1235· 11th Cir.· 2021-07-20 ·cited 15×
  The Eleventh Circuit affirmed the district court's rulings, upholding the jury's verdict and the denial of post-trial motions.
• Crane Co. v. DeLISLE
  206 So. 3d 94· Fla. 4th DCA· 2016-11-09 ·cited 15×
  Appellants Crane Co. and R.J. Reynolds Tobacco Co. appealed a jury verdict awarding Richard DeLisle $8 million in damages for mesothelioma allegedly caused by asbestos-containing products. The court reversed the judgment against Crane and remanded for a new trial against R.J. Rey
• United States v. Dravion Sanchez Ware
  69 F.4th 830· 11th Cir.· 2023-06-01 ·cited 14×
  Dravion Sanchez Ware was convicted of thirteen counts of Hobbs Act robbery and related firearm offenses for his participation in nine armed robberies of spas, massage parlors, and a restaurant in the Atlanta area between October and November 2017. The Eleventh Circuit affirmed hi
• Thornton v. J Jargon Co.
  580 F. Supp. 2d 1261· M.D. Fla.· 2008-07-08 ·cited 14×
  Disputed issues of material fact preclude summary judgment on the copyright infringement claim, but the court grants summary judgment for defendants on plaintiff's claim for actual damages.
• Ruckh v. Salus Rehab., LLC
  963 F.3d 1089· 11th Cir.· 2020-06-25 ·cited 13×
  Registered nurse Angela Ruckh brought a qui tam action under the False Claims Act alleging that skilled nursing home defendants defrauded Medicare and Medicaid through improper billing practices including "upcoding" and "ramping." The Eleventh Circuit reversed the district court'
• Colville v. Pharmacia & Upjohn Co. LLC
  565 F. Supp. 2d 1314· N.D. Fla.· 2008-07-10 ·cited 13×
  The court held that the manufacturer's warnings regarding Depo-Provera were adequate as a matter of law, and the plaintiff failed to establish proximate cause and actual injury.
• In re Amendments to the Florida Evidence Code
  278 So. 3d 551· Fla.· 2019-05-23 ·cited 12×
  The Florida Supreme Court adopted amendments to its Evidence Code, replacing the Frye standard with the Daubert standard for admitting expert testimony. This decision aligns Florida with federal courts and a majority of states, aiming to improve consistency and reliability in exp