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S.D. Fla.·
2024-04-16
The court held that expert testimony regarding the plaintiff's pre-accident intellectual functioning and whether the accident caused her to fail her nursing school exit exam was inadmissible under Federal Rule of Evidence 702 and the Daubert standard.
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M.D. Fla.·
2024-03-29
The court granted in part and denied in part the motion to exclude expert testimony, finding that damages related to former branch managers' loan volume and the Paramus branch closure were speculative and unsupported, but allowing the future lost profits claim to proceed if evide
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M.D. Fla.·
2024-03-14
The court denied the defendant's motion for summary judgment, finding genuine issues of material fact regarding whether the plaintiff's implants were defective.
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11th Cir.·
2024-03-14
The court held that the district court did not abuse its discretion in denying the defendants' motions for a new trial, compelling discovery, and admitting expert and summary testimony, affirming the convictions.
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M.D. Fla.·
2024-03-05
The court held that a fair market value damages model is legally unavailable in this case because it improperly includes the value of departing employees who were free to leave and compete, and thus granted partial summary judgment against its use and precluded expert testimony o
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M.D. Fla.·
2024-03-04
The court granted in part and denied in part motions to exclude expert testimony, finding some testimony inadmissible due to unreliability or impermissible legal conclusions, while allowing other testimony to proceed.
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M.D. Fla.·
2024-02-29
The court held that Plaintiffs' call logs/notes, third-party disputes, and expert testimony on non-LINCARE marks are admissible.
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M.D. Fla.·
2024-02-29
The court held that deficiencies in expert testimony go to the weight of the evidence, not its admissibility, and denied the motion to exclude.
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M.D. Fla.·
2024-02-28
The court granted defendants' motion in limine to exclude expert testimony regarding damages precluded by the Florida economic loss rule, but allowed testimony on damages to 'other property'.
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M.D. Fla.·
2024-02-28
The court held that the Florida economic loss rule bars recovery for damages to the home itself, but not for damages to 'other property' or personal property. The court also found that prior MDL rulings do not constitute law of the case for current evidentiary issues.
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M.D. Fla.·
2024-02-28
The court held that expert testimony regarding damages precluded by the economic loss rule is inadmissible, but testimony regarding damages to 'other property' may be admissible.
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M.D. Fla.·
2024-02-28
The court held that expert testimony regarding damages precluded by the economic loss rule is inadmissible.
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Del. Super. Ct.·
2024-02-15
The court denied all motions for summary judgment and Daubert motions. It held that the "for Cause" condition in the repurchase option required the actual existence of cause, not merely a good faith determination by the entity. Genuine issues of material fact existed regarding wh
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S.D. Fla.·
2024-01-30
The court denied defendants' motion in limine without prejudice because the parties failed to adequately brief the Daubert standard for expert testimony admissibility.
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S.D. Fla.·
2024-01-29
The court held that expert testimony regarding the regulatory approval of an HIV rapid test and the relevance of a study on a different test was inadmissible under Daubert.
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M.D. Fla.·
2024-01-27
The court granted the plaintiff's motion to exclude the defendant's expert witness, finding his opinions unreliable, lacking proper methodology, and invading the province of the jury.
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M.D. Fla.·
2024-01-23
The court denied the defendant's motion for summary judgment, finding genuine disputes of material fact regarding the cause of the aircraft landing gear failure. The court also denied the defendant's Daubert motion to exclude expert testimony, finding the expert's methodology rel
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M.D. Fla.·
2024-01-23
The court granted in part and denied in part Doxo's motion to exclude Plaintiffs' experts, and denied Plaintiffs' motions to exclude Defendant's experts.
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S.D. Fla.·
2024-01-18
A United States citizen charged with conspiracy to provide material support to the Pakistani Taliban sued for malicious prosecution after the government dropped all charges against him thirteen months after his indictment and arrest. The court denied both parties' motions for sum
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Del.·
2024-01-09
The Superior Court did not err in admitting expert testimony on DNA mixture interpretation and technology, nor in denying the motion to suppress cell-site location information obtained through cell tower dumps. The court found the DNA analysis software STRmix to be scientifically
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M.D. Fla.·
2024-01-03
The court granted the plaintiff's motion to preclude the defendant's expert testimony and denied the defendant's motion to strike the plaintiff's expert testimony and motion for summary judgment.
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M.D. Fla.·
2024-01-02
The Court held that in a bench trial, a Daubert motion is not necessary before evidence is presented, and objections can be ruled on during the trial.
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S.D. Fla.·
2023-12-22
The court denied the motion to strike the expert's testimony, finding it admissible under Daubert and Rule 702.
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S.D. Fla.·
2023-12-19
The court denied the motion to exclude expert testimony, finding that challenges to the expert's opinions and data go to the weight of the evidence, not its admissibility.
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M.D. Fla.·
2023-12-18
The court held that the defendant's motion to exclude the plaintiff's expert witness is denied because the expert is qualified, his methodology is reliable, and his opinions are helpful to the jury.
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M.D. Fla.·
2023-12-14
The court denied both parties' Daubert motions, finding that the experts were qualified, their methodologies were sufficiently reliable, and their testimony could assist the trier of fact.
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S.D. Fla.·
2023-12-04
Charlotte Smith sued Carnival Corporation after slipping and falling on a wet deck surface aboard the cruise ship Vista in July 2022, sustaining severe injuries including a ruptured hamstring and head trauma. The court largely denied Smith's efforts to preclude various defense ev
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M.D. Fla.·
2023-11-17
Plaintiff Vanessa Treminio sued Crowley Maritime Corporation and Juan Emilio Blanco for sex trafficking and forced labor under federal law, as well as tort claims, alleging that Blanco transported her from El Salvador to Florida with intent to sexually assault her while employed
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M.D. Fla.·
2023-11-17
The court denied UPS's motion for summary judgment, finding genuine disputes of material fact regarding exhaustion of administrative remedies, failure to bid, business necessity, retaliation, and preemption.
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M.D. Fla.·
2023-11-09
The court held that the defendant's Daubert challenge and motion to strike the expert's supplemental report were denied, finding the expert's methodology reliable and the supplemental report proper.
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S.D. Fla.·
2023-11-02
The court granted in part and denied in part the defendants' motion in limine, and granted the plaintiff's motion to exclude the defendants' expert witness.
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M.D. Fla.·
2023-11-02
The court held that the defendant met its burden to establish the expert's qualifications, the reliability of her methodology, and the helpfulness of her opinions to the jury.
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S.D. Fla.·
2023-11-01
A passenger sued Carnival Corporation after striking her head on a protruding metal latch on an upper berth in her cabin, asserting claims for negligent maintenance, negligent design and construction, and negligent failure to warn. The court granted summary judgment on the mainte
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M.D. Fla.·
2023-10-31
The court held that an expert's reports prepared for unrelated litigation, which did not specifically address the plaintiff's disability or the facts of the current case, were inadmissible under Daubert and Federal Rule of Evidence 26(a)(2).
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Del. Super. Ct.·
2023-10-31
The court granted in part and denied in part the defendants' Daubert motion to preclude liability experts, denying the motion for summary judgment on punitive damages, and denying the motion to preclude personal property damages. The court found that while experts Brinton and Col
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M.D. Fla.·
2023-10-03
The court denied in part and deferred in part Costco's Daubert motions, denied motions to exclude expert testimony, and denied Costco's motion for retroactive application of Fla. Stat. § 768.0427.
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Del. Super. Ct.·
2023-09-27
The Court found in favor of NewWave on most claims, including breach of contract, fraud in the inducement, declaratory judgment regarding escrow funds, tortious interference, defamation, and breach of the Earn-Out Agreement. The Court denied summary judgment on several claims due
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M.D. Fla.·
2023-09-22
The court held that the defendant's expert report was untimely and unreliable, failing to meet the Daubert standards for admissibility.
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Fla. 4th DCA·
2023-09-20
The appellate court affirmed the trial court's decision regarding a sworn proof of loss but reversed the decision to admit the insureds' expert testimony. The court found the expert's testimony unreliable under the Daubert standard, leading to a remand for a new trial.
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S.D. Fla.·
2023-09-14
The court held that evidence of other entities' non-compliance with an unproven industry standard is inadmissible, but denied exclusion of expert testimony on malingering and evidence of prior similar incidents.
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M.D. Fla.·
2023-09-12
The court denied the defendants' motion to exclude expert testimony, finding it admissible under Daubert standards.
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M.D. Fla.·
2023-09-05
The court held that the defendant's claims of Brady violations, prosecutorial misconduct, and ineffective assistance of counsel were procedurally defaulted and lacked merit.
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M.D. Fla.·
2023-08-25
The court held that motions in limine to exclude expert testimony on future care and charged medical expenses were denied because the evidence was not clearly inadmissible and issues of weight and foundation should be addressed at trial.
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Fla. 2d DCA·
2023-08-18
Ronnie O'Neal III appealed his convictions and sentences for multiple murders and other crimes. The appellate court affirmed the judgment and sentences, finding that his arguments lacked merit, including the denial of his Stand Your Ground motion and the admission of crime scene
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S.D. Fla.·
2023-08-16
The court held that the defendant's expert witness is qualified and his testimony is admissible under Daubert and Federal Rule of Evidence 702, as it is based on sufficient facts, reliable principles, and will assist the jury.
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S.D. Fla.·
2023-07-25
Plaintiffs who purchased ranitidine products filed class action claims alleging the drug caused cancer and was therefore unsafe, worthless, and misbranded, but the court excluded their scientific evidence of causation under the Daubert standard and subsequently dismissed their me
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S.D. Fla.·
2023-07-25
Plaintiffs who purchased ranitidine (Zantac) filed class action claims for medical monitoring and economic loss, alleging the drug was defective and caused cancer due to contamination with NDMA. The court ruled that after excluding the plaintiffs' scientific evidence proving rani
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M.D. Fla.·
2023-07-21
The court held that the plaintiff's life care planning expert is admissible, but the safety expert's testimony is partially excluded as speculative or impermissible legal conclusions.
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S.D. Fla.·
2023-07-17
The court denied the defendant's motion to exclude or limit the plaintiff's expert testimony.
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N.D. Fla.·
2023-07-10
Summary judgment is granted on negligent manufacturing claims due to lack of defect evidence and failure to meet res ipsa loquitur requirements. Summary judgment is denied on negligent misrepresentation claims as factual issues exist regarding material misrepresentations and reli