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Del. Super. Ct.·
2020-10-29
The appellate court affirmed the trial court's judgment, finding no fraud in the sale of construction businesses, no breach of contract regarding indemnification claims due to lack of consent, and no entitlement to an acceleration payment under the Purchase and Sale Agreement. Th
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S.D. Fla.·
2020-10-20
The court granted in part and denied in part the motion to exclude expert testimony, excluding opinions based on speculation and granting admissibility for opinions with a logical connection to the facts.
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M.D. Fla.·
2020-10-01
The court held that expert testimony from several witnesses must be excluded due to untimely disclosure or failure to meet Daubert standards for reliability and qualifications.
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M.D. Fla.·
2020-09-30
The court held that the vocational expert's testimony, which used 2008 job numbers with 2009 percentages, had a baseline of reliability sufficient to support the ALJ's step-five finding.
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S.D. Fla.·
2020-09-29
In a bench trial, the court need not strictly apply Daubert pre-trial, and challenges to expert testimony's data or calculations are generally reserved for cross-examination.
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M.D. Fla.·
2020-09-04
The court granted the defendant's motion to limit the plaintiff's expert testimony, excluding all five challenged opinions.
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M.D. Fla.·
2020-08-19
The court held that the defendants' motion to exclude the expert's testimony was denied because the expert's opinions were sufficiently reliable and relevant under the Daubert standard.
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M.D. Fla.·
2020-07-13
The court held that expert testimony regarding Florida law on the allocation of settlement funds for minors is inadmissible in an ERISA action because it is irrelevant to the merits of the claim and does not assist the trier of fact.
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S.D. Fla.·
2020-06-30
A motion in limine to exclude evidence is denied if the movant fails to demonstrate clear inadmissibility on all grounds or lacks specificity regarding the evidence to be excluded.
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S.D. Fla.·
2020-06-26
In a bench trial, the court need not conduct a strict Daubert analysis before evidence presentation, as the judge can disregard unreliable testimony.
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S.D. Fla.·
2020-06-24
Ira Kleiman and his estate sued Craig Wright for allegedly misappropriating billions of dollars in bitcoin and blockchain intellectual property that they claimed Wright developed in partnership with Dave Kleiman, Ira's deceased brother. The court rejected Kleiman's request for de
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S.D. Fla.·
2020-06-05
Samuel Schultz, a U.S. citizen opera singer with a history of depression, was offered conditional employment by Royal Caribbean Cruises to perform on a foreign-flagged cruise ship, but Royal Caribbean withdrew the offer after determining he was medically unfit under International
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S.D. Fla.·
2020-05-29
The court held that the plaintiff's expert testimony was inadmissible because the expert's methodology was unreliable and lacked sufficient validation, failing to meet the Daubert standard.
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M.D. Fla.·
2020-05-18
The court held that an expert's opinion on causation of permanent injury is inadmissible if the expert failed to review relevant post-operative medical records, rendering the opinion unreliable.
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M.D. Fla.·
2020-05-08
The court held that while the plaintiff's expert's causation opinions were inadmissible, the ADA violation of the entrance threshold created a genuine dispute of material fact regarding the defendant's duty to maintain the premises, precluding summary judgment.
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M.D. Fla.·
2020-04-27
The court held that the petitioner failed to demonstrate probable cause to believe his condition had so changed that it was safe for him to be at large, and thus his civil commitment would continue.
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M.D. Fla.·
2020-04-17
The court held that a plaintiff's expert testimony on causation was admissible, precluding summary judgment on that basis, but granted summary judgment on claims conceded by the plaintiff or unsupported by evidence.
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M.D. Fla.·
2020-04-09
The court granted in part and denied in part the defendant's motion to exclude expert testimony, allowing some opinions while precluding others based on Daubert standards and prior MDL rulings.
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S.D. Fla.·
2020-04-03
This consolidated products liability class action case involves bulletproof vests manufactured by Point Blank Enterprises, in which plaintiffs alleged that the company's self-suspending ballistic system (SSBS) vests were defective and prone to falling apart during use. The magist
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M.D. Fla.·
2020-04-03
The court held that the plaintiff failed to present reliable evidence of damages caused by conservative treatment over surgery, and thus could not establish a prima facie case of medical negligence under the FTCA.
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Del. Ch.·
2020-03-31
The Delaware Court of Chancery held that the defendants breached their fiduciary duty by eliminating the plaintiff's economic interest in Real Time Data LLC without fair compensation. The court determined the fair value of the plaintiff's interest to be $173,000, plus interest, a
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M.D. Fla.·
2020-03-30
The court held that the expert's survey report and testimony were inadmissible because the survey excluded identifying marks, preventing it from assessing the overall impression or actual confusion of the marks at issue.
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M.D. Fla.·
2020-03-26
The court granted in part and denied in part the motion to exclude expert testimony, finding the expert qualified on FCRA and credit reporting but not on emotional/physical damages, and allowing testimony on industry standards but not legal conclusions.
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M.D. Fla.·
2020-03-13
The court held that Gregory Hilz's RICO claim fails for lack of predicate acts, but his fraud and conspiracy claims survive. The court also denied a motion for judgment on the pleadings regarding punitive damages and excluded certain expert testimony.
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S.D. Fla.·
2020-03-06
The court granted in part and denied in part the defendant's motions to exclude expert testimony, finding the expert qualified and his opinions generally reliable, but striking a portion deemed unhelpful and not requiring specialized knowledge.
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M.D. Fla.·
2020-03-02
The court granted in part and denied in part the plaintiff's motion to exclude the defendant's medical billing expert, allowing testimony on billing reasonableness contingent on further evidence.
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S.D. Fla.·
2020-02-20
The court held that the defendants' motion to exclude the plaintiff's expert witness testimony is denied, as the expert is qualified, his methodology is sufficiently reliable, and his testimony will be helpful to the trier of fact.
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M.D. Fla.·
2020-02-10
Michael James Harrell challenged his federal conviction for conspiracy and armed bank robbery by filing a habeas corpus petition claiming ineffective assistance of trial and appellate counsel under the Sixth Amendment. The district court rejected all of Harrell's claims that his
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Del. Ch.·
2020-01-30
The Delaware Court of Chancery determined the fair value of SourceHOV's stock at the time of the business combination was $4,591 per share. The court found the petitioners' expert's valuation credible and adopted it, with a modification to the size premium, while rejecting the re
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M.D. Fla.·
2020-01-27
The court held that disputed issues of material fact prevent summary judgment on patent validity, infringement, and inequitable conduct, and denied a motion to dissolve a preliminary injunction.
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S.D. Fla.·
2020-01-27
The court denied Defendant's Daubert motion regarding Plaintiff's experts Biller, James, and Thomas, finding them qualified and their methodologies sufficiently reliable and helpful. Plaintiff's Daubert motion was granted in part and denied in part.
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S.D. Fla.·
2020-01-14
The court denied both parties' motions to exclude expert testimony, finding the experts qualified and their methodologies sufficiently reliable and helpful.
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S.D. Fla.·
2020-01-13
The court granted in part and denied in part the defendant's Daubert motion to preclude expert testimony, allowing some opinions while excluding others as impermissible legal conclusions.
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M.D. Fla.·
2020-01-07
The court held that plaintiff's motion for partial summary judgment on causation was denied because the supporting affidavits contained conclusory allegations without specific supporting facts, rendering them incompetent evidence. The court also denied the motion to exclude exper
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M.D. Fla.·
2020-01-06
Plaintiffs sued the City of Fort Myers alleging that its dumping of arsenic-contaminated sludge on a vacant lot decades earlier created an imminent and substantial endangerment to health under the Resource Conservation and Recovery Act, even after the City removed the sludge foll
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M.D. Fla.·
2019-12-23
The court held that a non-retained medical examiner's opinions based on autopsy findings and offered in a timely disclosed report do not require a separate expert report under Rule 26(a)(2)(B), and that challenges to the reliability or chain of custody of toxicology reports and t
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M.D. Fla.·
2019-12-19
The court held that a survey expert's methodology was reliable and admissible, even if minor issues existed, because the universe surveyed was appropriate for assessing the fame required for trademark dilution claims.
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S.D. Fla.·
2019-12-11
The court held that a treating physician's affidavit offering opinions beyond their treatment observations, submitted after discovery closed and in response to a summary judgment motion, constitutes untimely expert testimony that must be excluded under Rule 37(c)(1).
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M.D. Fla.·
2019-11-27
Yellowpages Photos, Inc. sued YP LLC and Print Media LLC for copyright infringement based on defendants' use of at least 230 of plaintiff's copyrighted images in telephone directories without authorization. The court granted summary judgment in favor of both defendants on the iss
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Fla. 2d DCA·
2019-11-27
A postconviction court cannot summarily deny an ineffective assistance of counsel claim based on DNA evidence when the record does not conclusively refute the defendant's allegations regarding low count number testing, sample contamination, or population frequency statistics.
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M.D. Fla.·
2019-11-14
The court held that the expert's testimony was inadmissible because it was not based on sufficient facts or data and was not the product of reliable principles and methods, failing to meet the requirements of Federal Rule of Evidence 702.
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S.D. Fla.·
2019-11-06
The court held that the defendant's Daubert motion to exclude the plaintiff's expert testimony on life expectancy is granted because the expert's opinion was unreliable and not helpful to the trier of fact.
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S.D. Fla.·
2019-10-31
The court held that plaintiff's expert's historical appraisals were inadmissible as substantive evidence due to non-disclosure under Rule 37, and that defendant's expert testimony was admissible under Daubert.
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M.D. Fla.·
2019-10-28
The court granted in part and denied in part motions to exclude expert testimony, limiting or barring testimony deemed unreliable, speculative, or not requiring specialized knowledge.
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M.D. Fla.·
2019-09-24
The court held that a plaintiff's misuse of a product does not bar strict liability claims if the product was used for its intended purpose, but it can be considered under comparative negligence for negligence claims. The court also found that failure-to-warn claims fail if the p
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S.D. Fla.·
2019-08-29
The court granted in part and denied in part the plaintiff's motion to exclude expert testimony, excluding legal conclusions from one expert but allowing the testimony of two others.
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S.D. Fla.·
2019-08-27
The court denied the defendants' Daubert motion to exclude expert testimony, finding the challenges to be conclusory, moot, or unpersuasive.
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Fla. 1st DCA·
2019-07-23
A trial court properly summarily denies a Rule 3.850 postconviction motion when the ineffective assistance claims are either facially insufficient or conclusively refuted by the record, and counsel cannot be ineffective for failing to make meritless objections or file motions tha
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Fla. 3d DCA·
2019-07-10
The appellate court reversed a trial court's order suppressing evidence from a compelled blood draw. The court held that the officer had probable cause to believe the driver was impaired and that the vehicle caused serious injury, and that the statute did not require proof of dri
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9th Cir. Ct. App. Div.·
2019-07-01
The State of Florida appealed a county court's interlocutory order denying its motion in limine to admit law enforcement officers' field test opinions regarding suspected cocaine. The appellate court affirmed, finding no error in the lower court's requirement that the State estab