Daubert Standard

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

• State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC
  245 So. 3d 755· Fla. 4th DCA· 2018-03-14 ·cited 12×
  Second-tier certiorari review of a circuit court's appellate decision is extraordinarily limited and requires a showing that the circuit court departed from a clearly established principle of law resulting in a miscarriage of justice; ordinary legal errors or incorrect applicatio
• Sanchez v. Johana Cinque and Voncent Cinque
  238 So. 3d 817· Fla. 4th DCA· 2018-02-14 ·cited 12×
  A day spa and aesthetician appealed a judgment of $814,694 for negligence in performing a chemical peel on a plaintiff with pre-existing rosacea. The plaintiff alleged the peel permanently aggravated her mild rosacea condition, while defendants claimed comparative negligence. The
• Webb v. Carnival Corp.
  321 F.R.D. 420· S.D. Fla.· 2017-07-06 ·cited 12×
  The court held that while some of the expert's testimony regarding industry standards is admissible, opinions containing legal conclusions or lacking a reliable methodology are excluded.
• R.C. v. State
  192 So. 3d 606· Fla. 2d DCA· 2016-05-25 ·cited 12×
  R.C., a juvenile, appeals a disposition order for marijuana and drug paraphernalia possession, challenging the trial court's admission of a sheriff's deputy's lay testimony identifying marijuana without laboratory testing. The court affirms, holding that Florida's adoption of the
• Behn v. State
  621 So. 2d 534· Fla. 1st DCA· 1993-07-13 ·cited 12×
  Clarence Behn was convicted of manslaughter by culpable negligence for operating a truck with defective brakes and running a red light, resulting in a fatal collision. The Florida District Court of Appeal reversed, holding that the conduct did not rise to the level of culpable ne
• United States v. Hughes
  970 F.2d 227· 7th Cir.· 1992-07-16 ·cited 12×
  The court affirmed the convictions and sentences, finding no reversible error in the jury selection, evidentiary rulings, or expert testimony.
• Philip Morris USA Inc. v. Gore
  238 So. 3d 828· Fla. 4th DCA· 2018-02-14 ·cited 11×
  This case involves an Engle progeny wrongful death lawsuit where the appellate court affirmed the main appeal regarding the admissibility of expert testimony but reversed and remanded on the cross-appeal concerning punitive damages and the application of comparative fault to comp
• McNABB v. Taylor Elevator Corp.
  203 So. 3d 184· Fla. 2d DCA· 2016-08-17 ·cited 11×
  The trial court erred in granting summary judgment by improperly weighing evidence and discounting an expert affidavit that raised a material issue of fact.
• Martinez v. Lobster Haven, LLC
  320 So. 3d 873· Fla. 2d DCA· 2021-05-05 ·cited 10×
  The appellate court reversed a trial court's decision to grant a directed verdict for the defendant, Lobster Haven, LLC. The court found that Lobster Haven waived its right to a directed verdict by failing to move for one during the second trial and that the trial court erred in
• Krystyna Alicya Vitiello v. State
  281 So. 3d 554· Fla. 5th DCA· 2019-10-03 ·cited 10×
  Krystyna Vitiello appeals her convictions for boating under the influence with serious and personal injuries, challenging the admissibility of expert testimony using retrograde extrapolation to estimate her blood alcohol content at the time of a boat crash. The court held that wh
• MDS (Canada), Inc. v. Rad Source Techs., Inc.
  822 F. Supp. 2d 1263· S.D. Fla.· 2011-09-30 ·cited 10×
  The court found that the RS 3400 does not embody the patents licensed under the agreement, and thus Rad Source can market it, subject to a right of first negotiation. The non-compete provision expired by its own terms.
• In re Commitment OF Gary Burton. Gary Burton v. State
  884 So. 2d 1112· Fla. 2d DCA· 2004-10-22 ·cited 10×
  The trial court did not commit reversible error in admitting expert testimony regarding actuarial risk-assessment instruments (RRASOR, PCL-R, and SVR-20) to establish that Burton qualifies as a sexually violent predator under the Jimmy Ryce Act, and the commitment order is affirm
• Anderson v. Centurion of Fla. LLC
  258 F.R.D. 530· M.D. Fla.· 2026-01-16 ·cited 9×
  The court denied motions to strike errata and exclude expert testimony, finding the deponent's substantive changes permissible and the expert testimony admissible under Daubert.
• Varner v. Dometic Corp.
  2007 WL 4592267· S.D. Fla.· 2022-04-26 ·cited 9×
  The court affirmed the magistrate judge's order excluding expert testimony, finding it was not clearly erroneous or contrary to law.
• United States v. Perry
  14 F.4th 1253· 11th Cir.· 2021-09-29 ·cited 9×
  Eddie Lee Perry and Chad Ragin were convicted of conspiracy to distribute cocaine and related offenses based on evidence from wiretapped phone calls, drug seizures, and expert testimony interpreting drug-related coded language used in the intercepted communications. The Eleventh
• Cartwright v. Home Depot U.S.A., Inc.
  936 F. Supp. 900· M.D. Fla.· 1996-07-23 ·cited 9×
  The court held that the expert opinions on latex paint causing asthma did not meet the Daubert standard for scientific reliability and relevance.
• Zagg Inc. v. Menachem Mendel Ichilevici
  2020 WL 7074644· S.D. Fla.· 2025-12-15 ·cited 8×
  The court held that the expert testimony of Rachel Johnson Greer is admissible because she is qualified, her methodology is reliable, and her testimony will assist the trier of fact.
• United States v. Mikel Clotaire
  963 F.3d 1288· 11th Cir.· 2020-06-30 ·cited 8×
  The court held that ATM surveillance photos, even if extracted or processed for clarity, are admissible business records and not testimonial hearsay, and that limitations on cross-examination and admission of certain emails were proper.
• Siegel v. Cross Senior Care, Inc.
  239 So. 3d 738· Fla. 3d DCA· 2018-01-17 ·cited 8×
  Expert opinions that are directly contradicted by the medical records upon which they are purportedly based have no evidentiary weight and cannot support a jury verdict in a negligence case. When an expert's theory rests on inferences unsupported by or flatly contradicted by the
• Simona Bunin v. Matrixx Initiatives, Inc.
  197 So. 3d 1109· Fla. 4th DCA· 2016-06-01 ·cited 8×
  The court held that the trial court did not abuse its discretion in excluding the plaintiff's expert causation testimony under the Daubert standard as applied by the amended statute, but reversed the cost judgment regarding attorney travel expenses and certain expert fees.
• Wiand v. Waxenberg
  611 F. Supp. 2d 1299· M.D. Fla.· 2009-03-19 ·cited 8×
  The court granted summary judgment for the defendant on constructive fraud claims for return of principal and on unjust enrichment claims for transfers from specific accounts, but denied summary judgment on other claims due to disputed issues of material fact.
• Retina Rybolt Poulin v. Carlos Fleming, M.D.
  782 So. 2d 452· Fla. 5th DCA· 2001-03-16 ·cited 8×
  The Poulins appealed the exclusion of expert testimony linking their child's schizencephaly to medical treatment (radiation and medications) administered to the mother during pregnancy. The court affirmed summary judgment for the defendants, holding that the expert opinions faile
• Farrill v. State
  759 So. 2d 696· Fla. 2d DCA· 2000-04-14 ·cited 8×
  William Farrill appeals his convictions for capital sexual battery, arguing the trial court erred in admitting collateral evidence of a similar sexual battery on another child. The appellate court reversed, finding the charged and collateral offenses were not strikingly similar a
• NEW York Life Ins. Co. v. Baum
  617 F.2d 1201· 5th Cir.· 1980-05-30 ·cited 8×
  The court held that the district court's entry of summary judgment was premature because material issues of fact remained regarding the controlling law and insurable interest.
• United Auto. Ins. Co. v. Progressive Rehab. & Orthopedic Servs., LLC
  324 So. 3d 1006· Fla. 3d DCA· 2021-07-21 ·cited 7×
  United Automobile Insurance Company appeals a county court's grant of summary judgment in favor of Progressive Rehabilitation and Orthopedic Services, a medical provider seeking PIP insurance benefits. The central dispute concerns the legal sufficiency of United's claims adjuster
• Buland v. NCL (Bahamas) Ltd.
  992 F.3d 1143· 11th Cir.· 2021-03-29 ·cited 7×
  The Eleventh Circuit affirmed the district court's decisions, holding that the exclusion of the passenger's expert testimony on lost earning capacity was proper and that a directed verdict on that issue was warranted due to insufficient proof of damages.
• Northrop Grumman Sys. Corp. v. Rosa-Maria F. Britt
  226 So. 3d 1059· Fla. 3d DCA· 2017-09-06 ·cited 7×
  This mesothelioma case involved a jury verdict awarding over $8.5 million to the widow of Dennis Britt for his death from mesothelioma allegedly caused by asbestos exposure at Northrop Grumman facilities. The court affirmed the verdict, rejecting Northrop's five appellate challen
• State of Fla. Dep't OF Corr. v. Junod
  217 So. 3d 200· Fla. 1st DCA· 2017-04-13 ·cited 7×
  The Florida Department of Corrections appeals a workers' compensation award to a correctional officer for a heart attack, claiming the heart-lung statute's presumption of occupational causation was not met. The court reversed, holding that the employer successfully rebutted the s
• Enzo Rojas v. Yagmerys Rodriguez
  185 So. 3d 710· Fla. 3d DCA· 2016-02-17 ·cited 7×
  The court held that a Daubert objection to expert testimony must be raised timely before the conclusion of trial to be considered.
• In re Denture Cream Prods. Liab. Litig.
  795 F. Supp. 2d 1345· S.D. Fla.· 2011-06-13 ·cited 7×
  The court held that the plaintiffs' experts' methodologies for establishing general causation were unreliable under Daubert and Rule 702, lacking sufficient dose-response evidence, analytical epidemiology, and consideration of background risk.
• Haller v. AstraZeneca Pharms. LP
  598 F. Supp. 2d 1271· M.D. Fla.· 2009-02-06 ·cited 7×
  The court held that the plaintiff failed to establish a genuine issue of material fact regarding medical causation, as the expert testimony was inadmissible under Daubert.
• Sun Ins. Mktg. Network, Inc. v. AIG Life Ins.
  254 F. Supp. 2d 1239· M.D. Fla.· 2003-03-27 ·cited 7×
  The court held that the plaintiff's expert was not qualified to value the business and his opinion on lost profits was too speculative and not grounded in appropriate methodology or facts.
• Cole v. Plantation Palms Homeownwers Ass'n, Inc.
  371 So. 3d 413· Fla. 2d DCA· 2023-09-27 ·cited 6×
  Homeowners sued their HOA for breach of contract, alleging damage to their homes due to the HOA's failure to maintain a drainage ditch. The trial court granted summary judgment for the HOA, finding no admissible evidence of causation. The appellate court reversed, holding that th
• ID No. 1511001595 v. State of Del.
  Del. Super. Ct.· 2023-08-31 ·cited 6×
  The Delaware Superior Court affirmed the Commissioner's recommendation to deny the defendant's motion for postconviction relief. The court found that the defendant failed to establish ineffective assistance of counsel, prosecutorial misconduct, or other grounds for relief. The co
• Bass
  Del.· 2023-06-20 ·cited 6×
  The Delaware Supreme Court affirmed the Superior Court's denial of Alan Bass's seventh motion for postconviction relief. The Court held that while the USDOJ/FBI disclosures regarding the limitations of microscopic hair comparison (MHC) analysis constituted new evidence, Bass fail
• MidAmerica C2L Inc. v. Siemens Energy, Inc.
  25 F.4th 1312· 11th Cir.· 2022-02-15 ·cited 6×
  Secure Energy and its subsidiary MidAmerica sued Siemens for breach of contract and fraud after Siemens exited the coal gasification market, claiming Siemens's equipment was defective and failed to disclose known problems. The Eleventh Circuit affirmed summary judgment in Siemens
• Mastec N. Am., Inc. v. Morakis
  288 So. 3d 685· Fla. 4th DCA· 2019-10-02 ·cited 6×
  A bicyclist with a blood alcohol concentration of .23 was struck by a van driven by the defendant's employee. The trial court directed a verdict in favor of the plaintiff on the defendant's statutory affirmative defense based on the plaintiff's alcohol impairment and instructed t
• Se. Metals Mfg. Co. v. Fla. Metal Prods., Inc.
  778 F. Supp. 2d 1341· M.D. Fla.· 2011-04-21 ·cited 6×
  The court held that the defendant's motion to exclude the plaintiff's damages expert testimony and strike the report should be denied because the expert's assumptions were reasonable and based on sufficient data, making the testimony relevant and reliable.
• Marsh v. Valyou
  917 So. 2d 313· Fla. 5th DCA· 2005-12-23 ·cited 6×
  Jill Marsh appealed a summary judgment in a personal injury action arising from four automobile accidents, challenging the trial court's exclusion of expert testimony that her fibromyalgia and myofascial pain syndrome were caused by trauma. The Fifth District affirmed the exclusi
• Hufford v. Harris Corp.
  322 F. Supp. 2d 1345· M.D. Fla.· 2004-05-18 ·cited 6×
  The court held that the plan administrator's denial of long-term disability benefits was not arbitrary and capricious, as requiring objective medical evidence is reasonable even if not explicitly stated in the plan.
• State v. Sercey
  825 So. 2d 959· Fla. 1st DCA· 2002-06-17 ·cited 6×
  The State of Florida appeals a trial court order excluding all evidence of marijuana in the defendant's blood in a DUI manslaughter prosecution. The appellate court reverses in part, holding that GC/MS analysis of THC and cTHC is established and generally accepted, and that quali
• CBS, Inc. v. PrimeTime 24 Joint Venture
  9 F. Supp. 2d 1333· S.D. Fla.· 1998-05-13 ·cited 6×
  The court held that the Satellite Home Viewers Act's definition of 'unserved household' relies on an objective FCC standard for signal intensity, not subjective subscriber reports of picture quality. PrimeTime 24's reliance on subscriber self-reporting is insufficient to comply w
• Byrnes v. Honda Motor Co., Ltd.
  887 F. Supp. 279· S.D. Fla.· 1994-06-10 ·cited 6×
  The court held that a motorcycle manufacturer has no duty to warn of the obvious dangers of riding a motorcycle in traffic, and that the plaintiff's expert testimony did not meet the Daubert standard for admissibility.
• Cristin v. Everglades Corr. Inst. & Div. of Risk Mgmt.
  310 So. 3d 951· Fla. 1st DCA· 2020-12-31 ·cited 5×
  This case concerns a workers' compensation claim where the claimant appealed the denial of his claim. The appellate court reversed the decision, finding that the Judge of Compensation Claims (JCC) erred by refusing to act as a "gatekeeper" and assess the admissibility of expert m
• Hedvall v. State
  283 So. 3d 901· Fla. 3d DCA· 2019-11-06 ·cited 5×
  The appellate court affirmed the conviction and sentence of Peter Erik Hedvall for second-degree murder. The court found no reversible error in the trial court's decisions regarding the admission of expert testimony, the denial of challenges for cause to certain jurors, the admis
• White v. Ring Power Corp.
  261 So. 3d 689· Fla. 3d DCA· 2018-12-10 ·cited 5×
  The trial court did not abuse its discretion in excluding White's experts' testimony regarding LMI data interpretation because none of the experts was qualified to interpret the LMI data or offer opinions on its significance. Ring Power had no legal duty to download and review th
• In & for Kent Cnty. Bruce Guy & Connie Guy
  Del. Super. Ct.· 2011-01-19 ·cited 5×
  The Court granted the defendant's motion to exclude the plaintiff's expert witness testimony, finding the expert unqualified to testify on the specific issues of the case. Consequently, because expert testimony is necessary to establish a product defect in the TS-400 cut-off mach
• In re Trasylol Prods. Liab. Litig.
  709 F. Supp. 2d 1323· S.D. Fla.· 2010-04-27 ·cited 5×
  The court granted Bayer's motion to exclude the entirety of Dr. Parisian's expert testimony.
• Berner v. Carnival Corp.
  632 F. Supp. 2d 1208· S.D. Fla.· 2009-07-02 ·cited 5×
  The court held that a biomechanical engineer is qualified to testify that the calculated impact energy was sufficient to cause a mild to moderate traumatic brain injury, as long as the testimony focuses on the forces and energy levels, not the specific medical diagnosis or cause
• Boca Raton Cmty. Hosp., Inc. v. Tenet Healthcare Corp.
  502 F. Supp. 2d 1237· S.D. Fla.· 2007-08-02 ·cited 5×
  Tenet's alleged overcharging did not directly cause Boca's claimed injury, and Boca's damages model was improperly constructed, thus Tenet is entitled to summary judgment.