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S.D. Fla.·
2022-11-02
The court granted the defendants' Daubert motion, excluding the testimony of plaintiffs' experts Howard Ehrsam and Shawn Macomber.
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S.D. Fla.·
2022-10-31
The court held that the plaintiff's challenges to the expert's methodology and the helpfulness of his testimony were insufficient to warrant exclusion under Daubert.
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Fla. 4th DCA·
2022-10-26
The appellate court affirmed the entitlement to attorney's fees but reversed the amount awarded. The trial court erred by disqualifying the plaintiff's expert witness on attorney's fees based on insufficient prior expert testimony, rather than assessing the expert's qualification
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M.D. Fla.·
2022-10-25
The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of the facts.
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S.D. Fla.·
2022-10-19
The court denied the defendant's motion to exclude the plaintiff's expert witness, finding the disclosure was not untimely or unreliable.
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S.D. Fla.·
2022-10-18
The court denied the plaintiff's motion to exclude the defendant's expert testimony, finding the expert qualified and his methodology reliable.
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S.D. Fla.·
2022-10-17
The court held that a human factors expert's testimony is admissible even if based on contested facts or a remote inspection, as weaknesses go to weight, not admissibility.
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S.D. Fla.·
2022-10-13
The court adopted the Magistrate Judge's Report and Recommendation, denying the defendant's post-trial motions because the expert testimony was reliable and the jury's verdict was supported by substantial evidence and reasonable inferences.
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M.D. Fla.·
2022-10-03
Shady Hills Energy Center, a special purpose vehicle created to develop a natural gas power plant, sued Seminole Electric Cooperative for breach of an energy supply contract (Tolling Agreement) after Seminole refused to consent to the proposed financing structure and ultimately t
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M.D. Fla.·
2022-09-30
The court adopted the Magistrate Judge's recommendation to preclude the expert from relying on a 2017 survey, finding the argument untimely raised by one party and not a basis for exclusion by the other, while deferring discovery-related objections.
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M.D. Fla.·
2022-09-23
The bankruptcy trustee for Universal Health Care Group sought to avoid and recover a $33.4 million stock redemption as a fraudulent transfer, alleging that private equity investor Warburg Pincus used a debt-financed redemption to exit its investment while concealing material info
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M.D. Fla.·
2022-09-16
The court held that the expert testimony was inadmissible because the term 'similar coverage' in the insurance policy was unambiguous as a matter of law, and therefore, the plaintiff insurer was not obligated to defend the defendant.
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M.D. Fla.·
2022-09-13
A federal district court rejected most of the defendants' summary judgment motions and allowed the case to proceed to trial in a civil rights action stemming from John Blessing's arrest at a 2016 Pearl Jam concert, finding genuine disputes of material fact regarding whether polic
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M.D. Fla.·
2022-09-04
WhereverTV sued Comcast for patent infringement and sought reasonable royalty damages; Comcast's rebuttal expert offered alternative damages methodologies, which WhereverTV moved to exclude as procedurally improper and substantively unreliable. The district court denied the motio
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M.D. Fla.·
2022-08-29
The court held that Florida Statute § 768.36 is inapplicable as it conflicts with maritime comparative negligence, and that genuine issues of material fact preclude summary judgment on the negligence claim.
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S.D. Fla.·
2022-08-19
Odette Blanco De Fernandez sued Seaboard Marine Ltd. under the Helms-Burton Act to recover damages for trafficking in property confiscated by the Cuban Government, claiming a 20% stake in companies whose assets were seized in 1960. The district court granted Seaboard Marine's mot
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S.D. Fla.·
2022-08-18
The court granted motions to exclude expert witnesses because the deadlines for disclosure and discovery had expired, and the parties seeking to introduce the experts failed to demonstrate substantial justification or harmlessness for the delay.
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S.D. Fla.·
2022-08-16
The court held that the plaintiffs failed to provide adequate grounds to exclude the defendants' expert witness, Ronald Wilcox, under Federal Rule of Evidence 702 and Daubert.
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M.D. Fla.·
2022-08-16
The court held that the state court's adjudications of the petitioner's claims were not contrary to, or an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-08-10
The court denied the defendant's motion to exclude the expert testimony of Dr. Russell Lamb, finding his methodology sufficiently reliable under the Daubert standard.
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S.D. Fla.·
2022-08-10
The court held that the plaintiff's expert disclosure was adequate under Federal Rule of Civil Procedure 26(a)(2)(C) because the expert was not retained or specially employed to provide expert testimony, and thus only a summary of facts and opinions was required.
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M.D. Fla.·
2022-08-08
The court held that an expert may testify regarding industry standards and whether an insurer complied with them, but cannot offer opinions on legal standards or conclusions of law.
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M.D. Fla.·
2022-08-01
The court held that the expert opinions of Douglas Schulz and Arthur Olsen regarding class certification are inadmissible because they are not sufficiently reliable, and therefore excluded them.
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M.D. Fla.·
2022-07-22
The court granted-in-part and denied-in-part Defendant Wal-Mart's motion in limine, ruling on the admissibility of various categories of evidence and testimony.
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S.D. Fla.·
2022-07-21
The court held that an expert may not offer legal conclusions regarding notice or opine on matters outside their expertise, such as warning signs or housekeeping procedures.
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M.D. Fla.·
2022-07-19
The court granted in part and denied in part the Daubert motions, allowing expert testimony on methodology but excluding specific opinions deemed unreliable or not properly disclosed.
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M.D. Fla.·
2022-07-14
The court held that an expert's opinion on the technological comparability of patents from a prior license agreement is admissible if based on a reliable methodology, but vague and unsubstantiated opinions about the availability of numerous alternative designs are inadmissible.
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S.D. Fla.·
2022-07-13
The court held that the expert testimony was inadmissible due to unreliable methodology and granted summary judgment for the defendant because the plaintiff failed to establish a dangerous condition or notice thereof.
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M.D. Fla.·
2022-07-08
The court denied the defendant's motion for sanctions and stated it would address the motion to preclude expert testimony separately.
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S.D. Fla.·
2022-06-29
The court granted in part and denied in part the motion for reconsideration, allowing the defendant to file a second Daubert motion.
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S.D. Fla.·
2022-06-22
The court held that the plain language of the Helms-Burton Act dictates that a plaintiff is entitled to the greater of the certified claim amount or the fair market value, and a defendant cannot use the rebuttable presumption to argue for a lower damages amount.
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S.D. Fla.·
2022-06-17
The court held that the expert's opinion regarding the gangway being wet lacked reliable methodology, but his friction coefficient testing was reliable, and some opinions were unhelpful to the jury.
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S.D. Fla.·
2022-06-14
The court granted in part and denied in part motions to exclude expert testimony, allowing some opinions while precluding others that constituted legal conclusions, speculation, or were outside the expert's qualifications.
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M.D. Fla.·
2022-06-09
The court denied plaintiff's motions to exclude expert testimony and for partial summary judgment, finding that issues of fact remained for trial.
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M.D. Fla.·
2022-06-09
WhereverTV sued Comcast for infringing its patent covering technology for searching and accessing video content across multiple service providers, specifically alleging that Comcast's Xfinity X1 Platform infringed the patent. The court denied Comcast's motions to exclude Wherever
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S.D. Fla.·
2022-06-08
Ethan Rincon, a 25-year-old with Asperger's Syndrome, was shot and killed by Miami-Dade police officers on March 22, 2016, after they entered his home in response to a disturbance and found him in his bedroom doorway with a pickaxe that he swung at an officer. The court granted s
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S.D. Fla.·
2022-05-26
The court held that a store owner did not owe a duty to warn of an open and obvious condition, but a genuine issue of material fact existed regarding the duty to maintain the premises and causation for the plaintiff's injuries.
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S.D. Fla.·
2022-05-20
The court held that Dr. Stanton's expert opinions are admissible, except for those concerning social media advertising similarity, due to insufficient reliability and helpfulness in that specific area.
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S.D. Fla.·
2022-05-11
A fatal car accident involving an 18-year-old driving a Tesla Model S at 116 mph in a 25 mph zone resulted in his death, and his father sued Tesla claiming the company negligently removed a speed limiter without notice and that the vehicle's battery design was defective. The cour
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S.D. Fla.·
2022-05-05
The court denied the defendant's motion to strike and exclude the plaintiff's expert witnesses, finding their reports were timely, proper rebuttals, and their methodologies met Daubert standards.
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S.D. Fla.·
2022-04-29
The court held that genuine disputes of material fact preclude summary judgment on most claims, denying Plaintiff's motion and granting/denying Defendants' motion in part.
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S.D. Fla.·
2022-04-25
Genuine issues of material fact preclude summary judgment on claims of unlawful termination and unfair performance standards, but summary judgment is granted for the defendant on claims voluntarily dismissed or lacking sufficient evidence of damages.
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M.D. Fla.·
2022-04-21
The court held that the expert testimony of Marc Dubin is admissible because he is qualified, his methodology is reliable, and his testimony will assist the trier of fact.
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S.D. Fla.·
2022-04-21
The court granted in part and denied in part the defendant's motion to exclude expert testimony, finding one expert qualified and his methodologies reliable, while deferring final rulings on another expert's opinions.
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S.D. Fla.·
2022-04-20
Guantanamera Cigars Company sued Swedish Match and retailers for trademark infringement, alleging that Swedish Match's "DUOS" mark for cigarillos was confusingly similar to Guantanamera's federally registered "DUO" mark for cigars. The court granted in part and denied in part Gua
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S.D. Fla.·
2022-04-20
The court held that expert testimony is admissible if qualified, reliable, and helpful, and that disputes regarding expert consistency or methodology generally go to the weight of the evidence, not its admissibility.
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S.D. Fla.·
2022-04-14
The court held that the defendant's motion for summary judgment should be denied because genuine disputes of material fact exist regarding the plaintiff's damages for medical expenses, lost wages, and pain and suffering.
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S.D. Fla.·
2022-04-14
The court held that a treating physician's expert testimony is admissible regarding her own treatment and findings, but inadmissible if it relies on unverified opinions or tests from other parties without a reliable methodology.
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S.D. Fla.·
2022-04-13
The court held that a treating physician's causation opinions are admissible under Federal Rule of Evidence 702 and Daubert, even if based partly on patient history and without a formal expert report, provided they are sufficiently related to the treatment.
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M.D. Fla.·
2022-04-04
The court held that an evidentiary hearing is not required for motions to exclude expert testimony in a non-jury trial, as the Daubert gatekeeping function is relaxed.