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Del. Super. Ct.·
2023-07-07
The court granted summary judgment for Jennifer Schmitz, finding no evidence she acted outside her capacity as a limited liability company manager or directed negligent acts. The court denied the Homeowners' motion for partial summary judgment on contract termination, finding a f
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M.D. Fla.·
2023-07-06
The court granted in part and denied in part motions to limit expert testimony, excluding opinions based solely on unreliable timelines and those exceeding a witness's expertise, while allowing testimony grounded in personal knowledge and established methodology.
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N.D. Fla.·
2023-07-05
Summary judgment is granted in part and denied in part, finding triable issues of fact on causation for design defect and failure to warn claims, and on reliance for fraud and consumer protection claims, while granting summary judgment on abandoned claims.
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M.D. Fla.·
2023-06-30
Sanket Vyas, as liquidating agent for Q3 I, L.P., sued law firm Polsinelli PC for professional negligence, negligent misrepresentation, and breach of fiduciary duty based on Polsinelli's allegedly uninformed advice regarding the propriety of direct fund transfers from Q3 I to Q3
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N.D. Fla.·
2023-06-22
The court held that genuine disputes of material fact exist regarding proximate causation for design defect and failure to warn claims, and for implied warranty of merchantability, thus denying summary judgment on those claims. Summary judgment was granted on voluntarily dismisse
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N.D. Fla.·
2023-06-17
The court held that the plaintiff presented sufficient evidence of causation and reliance to survive summary judgment on most claims, denying the defendant's motion in part.
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M.D. Fla.·
2023-06-13
The court held that the defendants' motion to exclude the plaintiff's expert witness testimony should be granted because the expert's opinions were not based on reliable methodology, were contrary to controlling precedent, and offered legal conclusions.
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M.D. Fla.·
2023-06-12
The court held that the plaintiff's expert's general causation testimony regarding ECT causing brain damage was inadmissible under Daubert and Rule 702 because it was not based on reliable scientific methodology.
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M.D. Fla.·
2023-06-07
MacuHealth, LP sued Vision Elements, Inc. for false advertising claims based on Vision Elements' representations that its Early Defense supplement was manufactured without Class 2 solvents like hexane and methanol. The court granted MacuHealth's summary judgment motion in part, f
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M.D. Fla.·
2023-05-22
The court held that plaintiff's expert disclosure substantially complied with rules, and while mediation statements were improperly disclosed, sanctions were not warranted. Motions to strike were denied.
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M.D. Fla.·
2023-05-15
The court held that while the expert's methodology was reliable and generally helpful, specific opinions offering legal conclusions were inadmissible.
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M.D. Fla.·
2023-05-12
The court denied the motion to exclude expert testimony, denied the defendant's motion for summary judgment, and granted in part the plaintiff's motion for partial summary judgment regarding affirmative defenses.
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M.D. Fla.·
2023-05-07
The court held that the plaintiff's expert disclosures, though incomplete, were harmless given the defendant's opportunity to prepare and the lack of substantial prejudice, and that the experts' methodologies were sufficiently reliable under Daubert.
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M.D. Fla.·
2023-05-05
The court granted the motion to exclude the medical causation testimony of Dr. Hannappel, denied in part and deferred in part the motion to exclude Dr. Omalu's testimony, and denied the motion to exclude Mr. Castleman's testimony.
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M.D. Fla.·
2023-05-05
The court held that genuine issues of material fact preclude summary judgment on the statute of limitations defense and the learned intermediary doctrine, but granted summary judgment on claims for express warranty, manufacturing defect, design defect, punitive damages, and certa
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S.D. Fla.·
2023-05-03
A cruise ship passenger who fell down a stairwell sued Carnival Corporation for negligence, alleging that a raised rubber anti-skid strip on the stairs created a dangerous condition. The court denied the defendant's summary judgment motion, finding genuine disputes of material fa
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S.D. Fla.·
2023-05-02
The court held that the defendant's billing and coding expert's testimony was not helpful to the trier of fact and therefore granted the plaintiff's motion to strike the expert's opinions.
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M.D. Fla.·
2023-04-26
The court granted Defendants' Daubert motion to exclude Plaintiffs' expert testimony and granted Defendants' motion for summary judgment.
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S.D. Fla.·
2023-04-20
The court held that the plaintiff's expert disclosures for treating physicians were insufficient and precluded them from offering expert opinions on causation and damages.
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S.D. Fla.·
2023-04-18
A cruise ship passenger sued Carnival Corporation for injuries sustained in a slip-and-fall accident on an onboard staircase, asserting claims of negligent maintenance and negligent failure to warn. The court granted in part and denied in part Carnival's motion to exclude expert
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Fla. 2d DCA·
2023-04-14
The appellate court granted the State's petition for certiorari, quashing the trial court's order that excluded the State's expert witness testimony. The court found the trial court used an incorrect standard for admitting the expert's retrograde extrapolation testimony, causing
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S.D. Fla.·
2023-04-13
The court held that challenges to the factual basis of expert opinions go to the weight and credibility of the testimony, not its admissibility, and therefore denied both parties' motions to strike.
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M.D. Fla.·
2023-04-05
Jane Doe sued Swift Transportation for sexual battery and intentional infliction of emotional distress after being allegedly assaulted by fellow driver Murray Willis while working as a truck driver trainee, and also brought claims for negligent hiring, negligent supervision, and
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M.D. Fla.·
2023-03-31
Ambar Pratt, as assignee of her insured driver, brought a bad faith claim against Government Employees Insurance Company (GEICO) after a 2006 car accident in which she suffered severe injuries but GEICO failed to settle her claim within the policy limits, leaving the insured expo
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S.D. Fla.·
2023-03-30
The court held that the defendant's expert may testify regarding the plaintiff's estimated blood alcohol concentration and its physiological effects, but may not offer opinions on whether the BAC caused or contributed to the plaintiff's fall.
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N.D. Fla.·
2023-03-30
The court held that plaintiffs' general causation experts failed to meet the reliability and helpfulness standards under Daubert and Federal Rule of Evidence 702, warranting exclusion of their testimony and granting of summary judgment for the defendants.
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N.D. Fla.·
2023-03-30
The court held that plaintiffs' general causation experts failed to meet the reliability and helpfulness standards under Federal Rule of Evidence 702 and Daubert, warranting exclusion of their testimony and granting of summary judgment for the defendants.
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S.D. Fla.·
2023-03-23
Plaintiffs, as foreign representatives of Cayman Islands companies, sued Deutsche Bank for facilitating a Ponzi scheme through the opening and management of custody accounts that allowed fraudsters to misappropriate investor funds. The court granted in part and denied in part def
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M.D. Fla.·
2023-03-23
Go Mobile Flooring, LLC sued Blue Banyan Solutions, Inc. for breach of an information technology services contract, claiming it was overcharged and did not receive promised services, while Blue Banyan counterclaimed for non-payment. The court denied Blue Banyan's motion for parti
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S.D. Fla.·
2023-03-22
The court denied defendants' Daubert motion to exclude expert testimony, finding that challenges to the expert's reliance on certain facts and conclusions are better addressed through cross-examination, especially in a bench trial.
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Del. Super. Ct.·
2023-03-15
The court granted summary judgment in favor of NewWave on the claim that NewWave breached Section 4.7 of the Stock Purchase Agreement (SPA), finding that the SPA did not require NewWave to maintain funds for future contingent obligations. The court also granted summary judgment a
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M.D. Fla.·
2023-03-07
The court held that the expert testimony was admissible and that genuine issues of material fact precluded summary judgment for both defendants.
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M.D. Fla.·
2023-03-06
The court granted Walmart's Daubert motion in part, excluding one expert opinion, and granted Walmart's motion for summary judgment, denying the plaintiff's motion.
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Del. Super. Ct.·
2023-03-01
The court granted the defendants' motion to exclude the plaintiffs' expert's opinion on causation. The expert's opinion that Hypoxic Ischemic Encephalopathy (HIE) caused the child's Autism Spectrum Disorder (ASD) was found to be inadmissible because it lacked a reliable scientifi
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M.D. Fla.·
2023-01-27
Genuine issues of material fact exist regarding whether defendants provided reasonably equivalent value and acted in good faith, precluding summary judgment on fraudulent transfer and unjust enrichment claims.
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N.D. Fla.·
2023-01-24
Expert testimony on general causation in toxic tort cases must identify a specific chemical and the harmful dose level at which it causes the alleged condition, and must follow recognized epidemiological methodology. Absent admissible expert testimony on general causation, summar
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N.D. Fla.·
2023-01-24
Expert testimony on general causation in toxic tort cases must identify the specific chemical(s) alleged to have caused the injury and the harmful dose level, and must follow recognized epidemiological methodology. Absent such admissible expert testimony, summary judgment is appr
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N.D. Fla.·
2023-01-24
Expert testimony on general causation in toxic tort cases must identify specific chemicals and harmful dose levels and comply with recognized epidemiological methodology; failure to do so renders the opinion inadmissible under Daubert and Rule 702, warranting summary judgment.
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N.D. Fla.·
2023-01-24
The court adopted the Magistrate Judge's recommendation to exclude plaintiffs' causation expert and grant summary judgment for the BP Defendants due to the lack of admissible expert testimony on general causation.
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N.D. Fla.·
2023-01-24
The court adopted the Magistrate Judge's recommendation to exclude Plaintiffs' causation expert and grant summary judgment for the BP Defendants due to lack of admissible expert testimony on general causation.
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S.D. Fla.·
2023-01-19
The court held that an expert witness cannot offer legal conclusions or opinions, and their damages calculation methodology must be reliable.
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M.D. Fla.·
2023-01-03
The court held that the petitioner's claims were unexhausted and procedurally barred, and even if considered on the merits, did not meet the AEDPA standard for federal habeas relief.
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N.D. Fla.·
2022-12-15
Clean-up workers from the 2010 Deepwater Horizon oil spill sued BP for chronic sinusitis and ocular diseases they claimed were caused by exposure to weathered oil and dispersants, but the court excluded all four of the plaintiffs' general causation experts and granted BP's summar
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N.D. Fla.·
2022-12-15
Clean-up workers who developed chronic sinusitis and eye conditions years after the Deepwater Horizon oil spill sued BP, claiming exposure to weathered oil and dispersants caused their illnesses; the court excluded all four of plaintiffs' general causation experts and granted sum
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S.D. Fla.·
2022-12-07
The court held that defendants' arguments for striking the expert witness's testimony were insufficient to justify exclusion, as they pertained to the weight of the evidence rather than admissibility.
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M.D. Fla.·
2022-12-05
The court held that the Daubert gatekeeping function is relaxed in non-jury trials, and renewed motions to exclude expert testimony are therefore denied.
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M.D. Fla.·
2022-11-16
The court held that the expert's testimony on accident reconstruction is admissible under the Daubert standard, as the methodology is sufficiently reliable and the opinions will assist the trier of fact.
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S.D. Fla.·
2022-11-14
The court granted in part and denied in part the defendants' motion to strike and exclude trial testimony, allowing the expert to testify on specific aspects of repair order analysis but excluding opinions on fraud and legal conclusions.
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M.D. Fla.·
2022-11-14
The court held that the expert's testimony was admissible because the methodology was sufficiently reliable and the potential flaws went to the weight of the evidence, not its admissibility.
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S.D. Fla.·
2022-11-08
The court granted in part and denied in part various motions in limine, ruling on the admissibility of evidence concerning discovery disclosures, witness testimony, prior incidents, and internal company policies.