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S.D. Fla.·
2021-08-13
The court adopted in part and affirmed in part the Magistrate Judge's Report and Recommendation regarding Daubert motions, denying some motions to exclude expert testimony while granting others and reserving ruling on one expert pending an evidentiary hearing.
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M.D. Fla.·
2021-08-10
The court held that treating physicians may testify regarding causation opinions formed during the course of treatment, but are limited to opinions necessary for that treatment.
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M.D. Fla.·
2021-08-06
A sales team of roofers sued their employer CAT 5 Contracting and its owner Matthew Spanton for breach of contract and unjust enrichment over unpaid commissions, and for retaliation under federal and state whistleblower statutes after the company terminated them shortly following
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S.D. Fla.·
2021-07-27
A cruise ship passenger sued Carnival Corporation after falling off a barstool in the ship's lounge when the barstool's top detached, alleging the company failed to maintain the fixture properly. The magistrate judge denied Carnival's motion to exclude expert testimony from the p
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S.D. Fla.·
2021-06-25
The court denied the plaintiff's motion to exclude the defendant's expert testimony, finding that challenges to the expert's methodology and factual basis go to the weight of the evidence, not its admissibility, especially in a bench trial.
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S.D. Fla.·
2021-06-23
The court granted in part and denied in part the motion in limine, precluding the expert from offering opinions not disclosed in his deposition but deferring other objections to trial.
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Del. Super. Ct.·
2021-06-21
The court granted in part and denied in part the plaintiff's motions in limine. Specifically, the court excluded expert testimony on causation, allowed cumulative expert testimony with limitations, permitted testimony on the standard of care, deemed one motion moot, and excluded
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M.D. Fla.·
2021-06-17
The court ruled on various motions in limine, determining the admissibility of evidence and testimony related to a slip-and-fall incident at a Target store.
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M.D. Fla.·
2021-06-14
The court held that the expert testimony was inadmissible due to unreliable methodology and failure to comply with disclosure rules, and granted summary judgment because the plaintiffs lacked admissible evidence of causation.
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M.D. Fla.·
2021-06-02
A district court must deny a Daubert motion to exclude expert testimony if the expert is qualified, the methodology is reliable, and the testimony will assist the trier of fact.
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M.D. Fla.·
2021-05-27
The court granted in part and denied in part both parties' motions in limine, ruling on the admissibility of various evidence and arguments for the upcoming patent infringement trial.
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M.D. Fla.·
2021-05-25
The court held that an expert is qualified to testify on survey design methodologies even without specific expertise in patent law, but testimony based solely on counsel's assertions regarding prior art is excluded.
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M.D. Fla.·
2021-05-20
The court granted in part and denied in part the defendants' motion to exclude certain opinions of Dr. Daniel Elliott, M.D., finding some opinions inadmissible while allowing others.
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M.D. Fla.·
2021-05-07
The court held that the plaintiff's expert's methodology was unreliable under Daubert, and therefore his testimony was excluded.
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M.D. Fla.·
2021-05-03
The court held that the plaintiff presented sufficient evidence to create genuine disputes of material fact regarding constructive notice and causation, thus denying the defendant's motion for summary judgment.
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M.D. Fla.·
2021-04-29
The court held that expert testimony regarding specific conduct is inadmissible if not necessary for expert opinion, and that challenges to the underlying data or methodology of an expert's opinion go to the weight of the evidence, not its admissibility, unless the methodology it
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M.D. Fla.·
2021-04-28
The court granted in part and denied in part the motion to exclude expert testimony, excluding opinions on the TVT-O device and physician competency but allowing opinions on safer alternatives.
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S.D. Fla.·
2021-04-21
The court held that arguments challenging an expert's reliance on disputed facts or the weight of their opinions go to admissibility, not admissibility under Daubert.
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Del.·
2021-04-20
The Delaware Supreme Court affirmed the Superior Court's denial of the defendant's motion to suppress evidence. The Court held that the trial court did not abuse its discretion in admitting testimony from a detective who smelled an odor consistent with cocaine, as such testimony
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S.D. Fla.·
2021-04-19
The court recommended granting the motion to exclude expert testimony because the expert's opinions were not helpful to the jury and lacked reliable methodology.
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M.D. Fla.·
2021-04-14
A data breach class action against Brinker International, operator of Chili's restaurants, was brought by three named plaintiffs whose payment card information was stolen from the company's back office systems and subsequently sold on the dark web. The court certified a nationwid
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M.D. Fla.·
2021-04-14
The court held that while late expert disclosures were harmless, one expert was unqualified to testify on certain damages, and another's testimony on lost earnings was duplicative.
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S.D. Fla.·
2021-04-13
The court denied the defendant's motion for reconsideration, finding that disputed damages and the determination of 'Actual Cash Value' present genuine issues of material fact for a jury.
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S.D. Fla.·
2021-04-08
The court denied the motion to strike the expert's testimony, finding it admissible under Rule 702 and not excludable under Rule 403.
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M.D. Fla.·
2021-04-07
The Court adopts the Magistrate Judge's recommendation to grant in part and deny in part the motion to strike expert testimony, clarifying that the expert's opinions on online reservations and ADA self-evaluations are not relevant to the pleaded claims.
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Fla. 4th DCA·
2021-03-31
A trial court has discretion in answering jury questions and may answer directly or refer jurors to standard instructions; a Daubert objection to expert witness qualification is not preserved for appeal when no contemporaneous objection was made at trial.
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M.D. Fla.·
2021-03-30
The court denied the defendant's motions to strike the plaintiff's expert witness affidavit and to exclude expert testimony, finding the affidavit's late disclosure was substantially justified or harmless and the expert was qualified.
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M.D. Fla.·
2021-03-29
The court granted summary judgment on the duty to warn claim but denied it on the duty to maintain premises safely, and partially granted a motion to strike expert testimony, excluding opinions that constituted legal conclusions.
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S.D. Fla.·
2021-03-18
The court held that genuine issues of material fact exist regarding whether the defendant had actual or constructive notice of the dangerous condition, thus denying the motion for summary judgment.
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S.D. Fla.·
2021-03-16
The court held that the defendant's expert testimony was admissible because the expert was qualified, his methodology was reliable, and his testimony would assist the trier of fact.
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S.D. Fla.·
2021-03-11
The court affirmed and adopted the Magistrate Judge's Report, finding that the factual basis of an expert's opinion goes to credibility, not admissibility, and overruling the defendant's objection to the expert's testimony.
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M.D. Fla.·
2021-03-09
The court held that expert testimony is inadmissible if it offers legal conclusions or information that attorneys can present in closing arguments.
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S.D. Fla.·
2021-03-08
The court held that the alleged oral agreement for a ten-year employment term was unenforceable under the statute of frauds and did not meet exceptions to the at-will employment doctrine. The court also found the public policy exception inapplicable and granted motions to strike
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S.D. Fla.·
2021-03-03
The court granted the FTC's motion to exclude expert testimony, finding it unreliable and unhelpful.
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M.D. Fla.·
2021-02-09
The court granted in part and denied in part the motion to exclude Rake's testimony, excluding his opinions on lost profits but allowing his design comparison testimony, and denied the motion to exclude Mauro's testimony.
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M.D. Fla.·
2021-01-28
In this products liability case arising from Alexander McHale's injury while operating a Crown RC5500 forklift, the court resolved multiple competing motions regarding the admissibility of expert testimony under the Daubert standard. The court held that plaintiffs' experts Meyer,
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M.D. Fla.·
2021-01-14
The court held that while an expert is qualified to testify on industry standards and specific medical diagnoses, opinions that conclude conduct was 'professionally intolerable' or 'fraudulent' are inadmissible legal conclusions.
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M.D. Fla.·
2020-12-22
The court granted in part the motion to strike Dr. McMeeking's supplemental report, striking portions that went beyond the scope of the scheduling order, but denied the Daubert motions to exclude the opinions of Dr. Rosen, Dr. Gibbs, and Dr. Mathis.
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Del. Super. Ct.·
2020-12-15
The trial court denied the defendant railway company's motion for summary judgment, finding a genuine issue of material fact regarding when the plaintiff's FELA claim accrued under the discovery rule. The court also denied motions to exclude or limit the plaintiff's expert witnes
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M.D. Fla.·
2020-12-11
The court held that an expert's testimony is admissible if qualified, based on reliable methodology, and helpful to the trier of fact, but excluded opinions that constitute impermissible legal conclusions.
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M.D. Fla.·
2020-12-09
The court held that the expert's opinions on specific causation were sufficiently reliable and admissible, but opinions on alternative products and procedures were excluded by agreement.
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M.D. Fla.·
2020-12-08
The court held that a treating physician's expert testimony on medical causation is inadmissible if it is not based on sufficient facts or data and reliable principles and methods, particularly when prior medical history and alternative causes are not adequately considered.
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M.D. Fla.·
2020-12-04
The court held that an expert witness was qualified to testify regarding the plaintiff's career prospects but not regarding financial damages, as the latter lacked the necessary expertise and would not assist the jury.
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S.D. Fla.·
2020-12-03
South Florida civil rights organizations challenged Senate Bill 168, which prohibited local sanctuary policies for immigrants and required cooperation with federal immigration enforcement, arguing the law violated equal protection by targeting minorities. The court granted in par
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S.D. Fla.·
2020-12-01
The court denied the defendant's motion to strike the expert testimony, finding that the expert's opinions could be used to prove fraud, as exceptions to the rule against opinion-based fraud claims applied.
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S.D. Fla.·
2020-12-01
A cruise ship passenger filed a maritime negligence claim after slipping and falling on the pool deck of a Carnival ship, but the court found genuine disputes of material fact precluding summary judgment on whether the defendant knew of the dangerous condition and whether that co
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M.D. Fla.·
2020-11-30
The court granted in part the SEC's motion to exclude expert testimony, finding some opinions improper legal conclusions.
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S.D. Fla.·
2020-11-23
In a bench trial, the court need not strictly apply Daubert gatekeeping before trial, allowing expert testimony of borderline admissibility to be considered and weighed by the court as the trier of fact.
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M.D. Fla.·
2020-11-23
The court held that the expert's testimony should be excluded because his supplemental affidavit was untimely and prejudicial, and his methodology for analyzing shell casings and the victim's actions was unreliable and would not assist the trier of fact.
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S.D. Fla.·
2020-10-30
The court held that genuine disputes of material fact exist regarding whether the defendant accepted an order for 2016 model year cars from the plaintiff, thus denying the defendant's motion for summary judgment.