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S.D. Fla.·
2022-04-01
Barbara Hall sued Carnival Corporation after she fell and fractured her wrist when she tripped over an allegedly unreasonably high shower threshold in her cabin aboard the Carnival Valor cruise ship, claiming the cruise line was negligent in creating a dangerous condition, failin
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N.D. Fla.·
2022-03-31
The court held that an expert's opinions on product warnings were inadmissible due to insufficient qualifications, but opinions on safer alternative procedures and products were admissible for risk-utility analysis.
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M.D. Fla.·
2022-03-31
The court held that the plaintiff forfeited its right to appraisal due to significant delay and active participation in litigation inconsistent with that right. The court also denied the plaintiff's motion to extend expert disclosure deadlines due to a lack of good cause.
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M.D. Fla.·
2022-03-31
The court denied the petition for a writ of habeas corpus, finding all grounds procedurally barred due to failure to exhaust state remedies.
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S.D. Fla.·
2022-03-31
The court granted in part and denied in part the defendant's motion in limine, precluding speculative expert testimony on future medical care and certain 'general issues' while deferring rulings on others.
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N.D. Fla.·
2022-03-31
The court granted defendants' motions to exclude the expert opinions and testimony of Dr. Roy Bedard.
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S.D. Fla.·
2022-03-30
The court held that an expert's opinion on future medical care was inadmissible due to lack of specificity, but opinions on medical causation and the reasonableness of past medical bills were admissible.
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S.D. Fla.·
2022-03-30
The court held that Plaintiff's treating physician, Dr. Gorby, must comply with expert disclosure requirements when offering opinions beyond his treatment of the patient, including rebuttal testimony against an opposing expert.
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S.D. Fla.·
2022-03-23
The court granted the defendant's motion to strike the plaintiff's expert witness, finding his opinions lacked a reliable methodology and were not sufficiently supported by the facts or applicable standards.
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M.D. Fla.·
2022-03-22
The court denied the motion to exclude the expert's testimony, finding him minimally qualified and his methodology sufficiently reliable for a bench trial, but granted the motion to strike two new opinions from a supplemental report due to untimely disclosure.
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N.D. Fla.·
2022-03-14
The court held that the magistrate judge's recommendation to deny the motion for evidentiary sanctions due to spoliation of evidence was correct, as the plaintiffs failed to demonstrate bad faith by the defendants.
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M.D. Fla.·
2022-03-11
The court held that an expert's opinion on the immateriality of a billing form error was unreliable and an improper legal conclusion, and an opinion that the opposing party could not prove fraud was also an improper legal conclusion, but an opinion on the subjectivity of coding p
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M.D. Fla.·
2022-03-11
The court denied plaintiff's motions in limine, finding them either overbroad, not proper for pretrial resolution, or that the expert was qualified to testify. The court noted that in a bench trial, evidentiary issues are often best addressed during trial.
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Del.·
2022-03-07
The Delaware Supreme Court reversed the Superior Court's order affirming the Industrial Accident Board's (IAB) decision. The Court held that the IAB abused its discretion by admitting the testimony of the employer's medical expert, Dr. Tadduni, who refused to answer relevant ques
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S.D. Fla.·
2022-03-04
The court held that genuine issues of material fact preclude summary judgment on claims of negligent failure to warn, negligent design/installation/approval, and negligence of crewmembers, but granted summary judgment for claims related to medical staff negligence.
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M.D. Fla.·
2022-03-04
The court granted summary judgment on the failure to warn claim, finding the warnings adequate and the plaintiff unable to establish proximate cause. The court also denied summary judgment on punitive damages.
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337 So. 3d 13·
Fla. 4th DCA·
2022-03-02
The appellate court reversed a final judgment on attorney's fees, finding that the trial court erred by relying on the testimony of the plaintiff's expert witness. The court held that the expert's testimony was not based on a reliable methodology and that the trial court failed t
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Fla. 4th DCA·
2022-03-02
Philip Morris USA appealed a circuit court's award of attorney's fees to the estate's representative, arguing the court erred by admitting testimony from Naugle's fee expert without properly applying Daubert gatekeeping standards. The Fourth District Court of Appeal held that Dau
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S.D. Fla.·
2022-02-25
The court held that while both experts are qualified and their methodologies reliable, their testimony must be limited to specific issues relevant to alleged misrepresentations during the pre-purchase examination, excluding broader opinions on lifetime care, other veterinarians'
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M.D. Fla.·
2022-02-22
The court held that attorney fees are not consequential damages in this breach of contract case under New York law, and physicians can testify as lay witnesses regarding their observations and treatment, not as expert witnesses without proper disclosure.
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S.D. Fla.·
2022-02-16
The court held that an expert witness cannot testify about revised report sections he did not prepare or understand, and that the expert's methodology for distinguishing preexisting damage from storm damage was unreliable and untestable.
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S.D. Fla.·
2022-02-15
The court held that an expert's damages calculations were inadmissible because they were based on unexplained assumptions and failed to account for inherent risks, potentially leading to jury confusion.
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M.D. Fla.·
2022-02-15
The court granted the motion to exclude expert testimony because the expert was not qualified and his methodology was unreliable.
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S.D. Fla.·
2022-02-14
The court granted in part and denied in part motions to strike expert testimony, finding some opinions inadmissible due to lack of reliability or helpfulness, while others were admissible.
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M.D. Fla.·
2022-02-11
The court held that the opinions of court-appointed experts regarding the administration of gentamicin and its effects on the plaintiff's balance were sufficiently reliable and admissible under Rule 702, while opinions on hearing loss and chronic kidney disease were limited or de
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S.D. Fla.·
2022-02-08
The court held that summary judgment is inappropriate because genuine disputes of material fact exist regarding the cruise line's notice of COVID-19 risk and causation, but granted summary judgment on medical malpractice claims due to insufficient expert testimony.
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S.D. Fla.·
2022-01-18
The court denied plaintiffs' motion to exclude defendant's expert witnesses, finding their testimony admissible under Federal Rule of Evidence 702 and the Daubert standard.
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S.D. Fla.·
2022-01-03
The court clarified that Dr. Rosado's test results and factual observations are admissible, but not personal opinions on credibility. Dr. Lichtblau cannot testify on lumbar fusion surgery costs but can testify on other spinal conditions and future care costs. Dr. Sala can testify
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S.D. Fla.·
2021-12-22
The court held that the defendant's motion to exclude plaintiffs' expert witnesses was denied because their testimony met the standards for admissibility under Federal Rule of Evidence 702 and Daubert.
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S.D. Fla.·
2021-12-06
Toyota Motor Corporation and related entities were sued in a putative class action claiming they conspired to conceal a defect in the heating and air conditioning systems of 2012-2014 Toyota Camrys to avoid lemon law buybacks and defraud consumers. The court certified a class und
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S.D. Fla.·
2021-11-29
The court held that the defendants' failure to provide a formal expert report was harmless because the plaintiffs had sufficient information to depose the expert and did not demonstrate prejudice. The court also found the expert qualified and his methodology reliable under Dauber
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N.D. Fla.·
2021-11-24
The court held that the defendants' motion to compel genetic testing was denied because it was untimely and lacked good cause, as the family history cited was too distant and not scientifically linked to the plaintiff's condition.
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S.D. Fla.·
2021-11-22
The court denied the defendant's motion for judgment as a matter of law, finding sufficient evidence for a jury to consider claims of conversion, unjust enrichment, breach of fiduciary duty, breach of partnership duties, fraud, and constructive fraud.
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S.D. Fla.·
2021-11-18
The court granted in part and denied in part the motion to exclude expert testimony, finding the expert qualified but excluding opinions based on unreliable methodology or speculation.
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330 So. 3d 993·
Fla. 5th DCA·
2021-11-11
A cruise ship employee injured while working sued Disney Cruise Line for negligence under the maritime Jones Act and for wrongful failure to reinstate maintenance and cure benefits. The jury awarded over $3 million including punitive damages, but the appellate court struck the pu
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330 So. 3d 993·
Fla. 5th DCA·
2021-11-11
Disney appealed a jury verdict awarding a cruise ship crew member (Martins) compensatory damages, future economic damages, and punitive damages for negligence and wrongful failure to reinstate maintenance and cure benefits. The Fifth District affirmed the compensatory damages for
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Del. Super. Ct.·
2021-11-10
The court denied the defendant's motion in limine to exclude the expert testimony and report of Dr. Steven Bojarski, finding the testimony to be relevant, reliable, and helpful to the trier of fact in identifying the perpetrator of a robbery-homicide. The court determined that Dr
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M.D. Fla.·
2021-10-28
The court granted in part both the defendant's and plaintiff's motions in limine, precluding certain evidence and arguments from being presented at trial.
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M.D. Fla.·
2021-10-26
A shrimp breeding company (PB Legacy) sued aquaculture companies (American Mariculture and American Penaeid) for breach of contract, misappropriation of trade secrets, and unfair competition after the defendants retained and bred the plaintiff's proprietary shrimp strain without
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S.D. Fla.·
2021-10-20
The court held that attorney-client privilege does not apply to retained expert witnesses, and that expert testimony on credibility is generally inadmissible, though test results demonstrating inconsistencies are admissible. Prior incidents are inadmissible if they lack substanti
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S.D. Fla.·
2021-10-18
In Bahr v. NCL (Bahamas) Ltd., a maritime negligence case arising from a cruise ship passenger's slip-and-fall on a gangway, the court issued a comprehensive Daubert ruling that granted and denied both parties' motions to exclude expert witnesses in part. The court admitted the d
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M.D. Fla.·
2021-10-12
The court held that the plaintiff's failure to timely disclose her treating physician as an expert witness, despite the physician's opinion being essential for establishing medical causation, warranted exclusion of the testimony under Rule 37(c)(1), leading to summary judgment fo
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Fla. 1st DCA·
2021-10-06
The appellate court reviewed an order denying impairment benefits. It affirmed in part, reversed in part, and remanded, holding that the lower court erred by failing to appoint a successor expert medical advisor after striking the original one and by disregarding a stipulation on
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M.D. Fla.·
2021-09-23
The court held that expert testimony on credit reporting industry practices and FCRA standards is admissible, but testimony on legal conclusions and damages is not.
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M.D. Fla.·
2021-09-22
The court granted in part or fully most of the defendants' motions in limine, denying only two and granting others in full or in part, primarily due to plaintiffs' failure to respond.
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M.D. Fla.·
2021-09-17
The court held that expert testimony offering an interpretation of an insurance application term constitutes an improper legal conclusion and is inadmissible.
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Fla. 4th DCA·
2021-09-15
State Farm appeals summary judgment favoring Imaging Center, a medical provider seeking additional PIP reimbursement for MRI scans. The trial court found State Farm improperly relied exclusively on the Medicare fee schedule without proper notice and determined Imaging Center's ch
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Fla. 1st DCA·
2021-09-15
Appellants challenged a trial court's exclusion of their medical expert's testimony regarding causation in a negligence suit against a landlord for alleged mold exposure during pregnancy. The appellate court affirmed the exclusion, holding that the expert lacked the specialized k
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M.D. Fla.·
2021-09-07
The court held that an expert witness's testimony regarding insurance industry standards and practices is admissible, but testimony offering legal conclusions or interpreting the insurance policy is not.
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Fla. 3d DCA·
2021-08-18
An expert affidavit regarding the reasonableness of medical charges satisfies section 90.702 and creates a genuine issue of material fact when based on the expert's personal knowledge, professional expertise in the relevant community, and evaluation of the specific medical record